JOGEN CHANDRA BORO Vs. BODOLAND TERRITORIAL COUNCIL

JUDGEMENT

(1.) Heard Mr. R Dhar, the learned counsel appearing on behalf of the petitioner and Mr. P Nayak, the learned counsel appearing on behalf of the respondents.

(2.) The case of the petitioner is that the petitioner was arrested on 6/10/2021 in connection with CID P.S. Case No.10/2021, registered under Ss. 120(B)/420/467/468/ 471 of the IPC. Thereupon the petitioner was released on bail by the Additional Chief Judicial Magistrate, Kamrup (M) vide the order dtd. 23/12/2021. After having released on bail, the petitioner joined at the Goreswar MPHC as Basic Health Worker. On 3/2/2023, the Director of Health Services, BTC in exercise of power under Rule 6 (2) of the Assam Service (Discipline and Appeal) Rules, 1964 put the petitioner under suspension w.e.f. 3/2/2023 on the ground that he was arrested on 6/10/2021 in connection with CID P.S. Case No.10/2021. The petitioner thereupon filed an appeal on 1/4/2023 before the Secretary, Health and Family Welfare Department, however to no avail.

(3.) The case of the petitioner herein is that three months have already elapsed from the date the petitioner has been put under suspension, but till date, neither any Memorandum of charge/charge-sheet has been served upon the petitioner, and as such, by virtue of the law laid down by the Supreme Court in the case Ajay Kumar Choudhary vs. The Union of India, reported in (2015) 7 SCC 291, the further continuation of the suspension of the petitioner would in contravention to the law declared by the Supreme Court in the case Ajay Kumar Choudhary (supra).