GOMO SORA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. J. Jini, learned counsel for the petitioner and Mr. N. Ratan, learned Additional Advocate General assisted by Ms. R. Basar, learned Government Advocate appearing for the State.

(2.) The petitioner by way of instituting the present proceedings has prayed for an interference by this Court with the order of suspension, dtd. 16/12/2022, issued in his case and for a direction to reinstate in his service with all consequential benefits.

(3.) The petitioner came to be placed under arrest in connection with Itanagar P.S. Case No. 229/2022 under Ss. 120(B)/420/406/407/409 IPC. The allegation in the said case was that the questions paper of the recruitment for the post(s) of Assistant Engineer (Civil) conducted by the Arunachal Pradesh Public Service Commission (APPSC) on 26/8/2022 and 27/8/2022 was leaked and the petitioner was arrested in connection with the said case on 2/12/2022. In view of his arrest on 2/12/2022 and being under detention for more than of 48 hours thereafter, the petitioner came to be placed under suspension vide an order, dtd. 16/12/2022, invoking the provisions of Rule 10(2)(1) of the Central Civil Services (Classification, Control and Appeal) Rule, 1965. The disciplinary authority, thereafter, vide memorandum, dtd. 6/1/2023, instituted a Departmental Proceeding Committee (DPC) against the petitioner basing on four articles of charge as levelled against him therein. The petitioner as of 6/1/2023 was under detention and this Court vide order, dtd. 9/3/2023, passed in Bail Application No. 29/2023 was pleased to enlarge the petitioner on default bail. The petitioner contends that after having enlarged on bail he had on 10/3/2023, informed the Chief Secretary, Government of Arunachal Pradesh, Itanagar about his such release. The petitioner, thereafter, submitted application praying for revocation of his order of suspension on the ground that the same having not been reviewed in terms of the provisions of the said Rule of 1965, the same has spent its force and he was entitled to be reinstated in his service.