AJAY KUMAR PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) The notification dated 5.6.2004 placing the petitioner under suspension and the continuance thereof is under challenge in the instant proceeding.

(2.) I have heard Mr. A. K. Bhattacharjee, Sr. Advocate for the petitioner and Mr. I. Choudhury, learned Standing Counsel, Public Works Department, Government of Assam hereinafter referred to as the Department for the official respondents.

(3.) A summarized version of the pleaded facts would sufficiently provide the factual background. The petitioner on being selected by the Assam Public Service Commission was appointed as an Assistant Engineer under the Department, in the year 1973 and on 7.5.99 was promoted to the post of Executive Engineer. By notification dated 26.2.2004, his selection along with other equally placed incumbents in service for promotion to the rank of Superintendent Engineer, PWD (Civil) was approved. In the meantime, he had been posted as the Executive Engineer (Roads) in the Rural Infrastructure Development Fund-II Division where he joined on 13.5.2002. As the Executive Engineer of the department, the petitioner was put in change of various development projects being itmplemented under the RIDF scheme, one of the same being the work of construction of RCC Bridge No. 1/1 at Pandu Ghat.