HABIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Ahmed, learned counsel for the petitioner. Also heard Mr. S. M. Hasan, learned standing counsel for the Forest Department.

(2.) The case of the petitioner is that the petitioner was put under suspension by an order dtd. 26/11/2021 in terms with the Rule 6(2) of the Assam Service (Discipline and Appeal) Rule, 1964. It may be relevant to mention that the petitioner was arrested in connection with the Lumding P.S. Case No. 224/2021 registered under Ss. 147/427/326/506/307 of IPC read with the Sec. 24(a)(b) / 25(a)(b)(c)(d)(f) / 40(2)(b) / 60(1) of the AFR Act.

(3.) The petitioner thereupon was granted bail by this Court in Bail Application No. 3455/2021 by an order dtd. 20/12/2021. Subsequent thereto, the petitioner challenged the suspension order on the ground that the petitioner was not served a memorandum of charges/charge-sheet by way of a writ petition being WP(C) No. 3380/2022. This Court vide order dtd. 27/5/2022 had set aside the said suspension order on the ground of being violative of the law laid down in the Judgment in the case of Ajay Kumar Choudhury -vs- Union of India reported in (2015) 7 SCC 291. Thereupon, the petitioner was re- instated vide order dtd. 15/6/2022 pending drawl of the departmental proceedings. It further appears that the petitioner had thereupon submitted representations dtd. 21/7/2022, 17/11/2022 as well as 19/12/2022 for treating the said period of suspension as on duty, which are however pending before the Office of Divisional Forest Officer, Dhemaji Division, Dhemaji.