APURBA KR BORTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has assailed the order dated 17.02.2000, issued by the authorities of the C.K.B. College, Teok, Jorhat, (hereinafter referred to as the College), placing him under suspension and the approval thereof, by the Deputy Director of Higher Education, Assam, vide communication dated 21.06.2000.

(2.) I have heard Mr. B.M. Choudhury, learned counsel for the petitioner and Mr. Thomas, learned standing counsel, Education Department.

(3.) The facts in bare essential necessary for disposal of the petition are that the petitioner while serving as Upper Division Assistant (Accountant) in the College, was arrested by the C.M's Vigilance Cell, in connection with Vigilance P.S. Case No. 3 of 1999 under Section 120 (B)/420/409 IPC read with Section 13 (1) (d) and Section 13 (2) of the Prevention of Corruption Act, 1988. He was produced before the Court of Special Judge, Guwahati and thereafter enlarged on bail on 03.02.2000. Following this, he was placed under suspension with effect from 28.01.2000, by the impugned communication dated 17.02.2000. The decision was approved by the Deputy Director of Higher Education, Assam, vide communication dated 21.6.2000. According to the petitioner, till date neither any memorandum of charges has been served on him, nor he has been notified about the trial in the criminal case. He is, therefore, before this Court, contending that the order of suspension needs to be quashed, in view of the undue and unexplained delay resulting in serious prejudice to him.