AMAR JYOTI BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, petitioner has challenged legality and validity of order dated 20.05.2010 passed by the Deputy Secretary to the Government of India, Ministry of Water Resources and the consequential order dated 21.05.2010 of the Secretary, Brahmaputra Board, Government of India, Ministry of Water Resources. By the first order dated 20.05.2010, petitioner was repatriated to his parent department and by the second order dated 21.05.2010, he was released from the Brahmaputra Board on repatriation. Facts are not in dispute. However, for adjudication of the case, the essential facts are briefly narrated hereunder.

(2.) While the petitioner was serving as Senior Manager (Civil) in the North-Eastern Electric Power Corporation Ltd. (NEEPCO), a Government of India enterprise, he was appointed as General Manager, Brahmaputra Board on deputation basis vide order dated 05.09.2008. The deputation period was for 5 years or till further orders, whichever was earlier. On being released by his parent organization on 30.09.2008, petitioner joined as General Manager in the Brahmaputra Board on 06.10.2008.

(3.) While serving as General Manager in the Brahmaputra Board, petitioner was arrested on 22.02.2010 by the Central Bureau of Investigation (CBI) in connection with a criminal case (Special Case No. 3/2010 under Section 7 of the Prevention of Corruption Act, 1988). Since petitioner was detained in custody for a period exceeding 48 hours, order dated 20.05.2010 was passed by the Deputy Secretary to the Government of India, Ministry of Water Resources declaring that petitioner would be deemed to have been suspended w.e.f. the date of detention i.e. from 22.02.2010 in terms of sub-Rule (2) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short "1965 Rules").