DEBABRATA GOGOI, AFS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, the learned Senior Counsel assisted by Mr. P.P. Dutta, the learned counsel for the petitioner and Mr. D. Gogoi, the learned Standing Counsel appearing on behalf of the Forest Department.

(2.) It is the case of the petitioner herein that on 3/8/2022 while the petitioner was posted at Lakhipur Range, Cachar Division, Silchar, the petitioner was arrested in connection with ACB P.S. Case No. 22/2022 under Sec. 7A of the Prevention of Corruption Act, 1988 on the alleged ground of demand of bribe. Subsequent thereto, on the basis of an order dtd. 9/9/2022, the Special Judge, Assam granted the petitioner bail. When the fact pertaining to the arrest of the petitioner came to the notice of the disciplinary authority, the petitioner vide a notification dtd. 20/9/2022 was put under suspension pending drawal of the disciplinary proceedings in exercise of the power under Rule 6(2) of the Assam Service(Discipline and Appeal) Rules, 1964( for short 'the Rules of 1964). The petitioner thereupon on various occasions submitted representations for reinstatement. However, the respondent authorities continued to keep the petitioner under suspension. It is the case of the petitioner that till date, the Memorandum of Charge/ the Chargesheet has not been served upon the petitioner and therefore the continuation of the suspension order beyond the period of 3 months is in violation to the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291. It is in that premises the instant writ petition has been filed.

(3.) This Court vide order dtd. 21/3/2023 issued notice making it returnable on 28/4/2023. This Court further sought the instructions from the learned counsel appearing on behalf of the Forest Department as to whether any departmental proceedings has been initiated against the petitioner. Further to that, as to whether the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary (supra) has been complied with.