BISWAJIT GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned Sr. counsel assisted by Mr. P. Bharadwaj, learned counsel for the writ petitioner. Perused the averments made in the writ petition.

(2.) The writ petitioner herein, who is employed in the department of Panchayat and Rural Development (P&RD), Assam had been subjected a departmental proceeding. A criminal case in the form of ACB P.S. Case No. 53/2023 has also been registered against the petitioner under Sec. 7(A) of the PC Act. In the departmental proceeding, the date of filing of his written statement has been fixed today, i.e. 5/2/2024. Aggrieved thereby the petitioner has approached this Court by filing the instant writ petition, contending that before charges are framed in connection with the ACB P.S. Case No. 53/2023, he cannot be compelled to disclose his defence by submitting written statement in connection with the departmental proceeding.

(3.) The aforesaid argument is premised on the law laid down in the case of Eastern Coal Fields Ltd. and Ors. Vs. Rabindra Kr. Bharti reported in (2022) 12 SCC 390. By order dtd. 22/1/2024, this Court had asked the learned departmental counsel to seek instruction and address this Court. Today, when the matter is called up, Mr. S. Dutta, learned standing counsel, P&RD Department, Assam as well as Mr. C.K.S. Baruah, learned Govt. Advocate, Assam have appeared and made their submission.