PRASANTA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. J. Patowary, the learned counsel appearing on behalf of the petitioner and Mr. Rahul Dhar, the learned Standing counsel appearing on behalf of the respondents.

(2.) The instant writ petition has been filed challenging the order of suspension issued vide Memo No.HMA.89/2021/50 dtd. 17/6/2021 and for a direction to reinstate the petitioner into regular service immediately within a such time frame as this Court may deem fit and proper.

(3.) The facts involved in the instant case is that the petitioner joined the Assam Police in the year 2004 as a Deputy Superintendent of Police. In the year, 2011 he was promoted to the rank of Additional Superintendent of Police. Upon his promotion, he was first posted as SSP (Border) at Silchar and thereafter transferred to Dhubri as Additional SP (HQ). It further appears from a perusal of the writ petition that the petitioner was transferred in the Rank of Additional SP from one place to another after his promotion. The last of such transfer was on 24/5/2021 when the petitioner was transferred to 16th AP(IR) Battalion Headquarter as the 2nd in Command. Vide an order bearing No.HMA.89/2021/50 dtd. 17/6/2021 (hereinafter referred to as the "impugned Order"), the petitioner was put under suspension in terms with Rule 6(1)(c) of the Assam Services (Discipline and Appeal) Rules, 1964 (for short "the Rules of 1964") w.e.f. 17/6/2021.