SUREN DAS Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) BY this writ application the petitioner who is presently serving as Chief Engineer, P.W.D (Border Roads) seeks to challenge the order date 15.5.2004 by which he has been placed under suspension in contemplation of a departmental proceeding. The ground assigned for placing the petitioner under suspension is his alleged indulgence in deliberate delay in execution of border roads and fence works on the Indo -Bangladesh border and thereby savotism of the efforts of the Govt. at the highest level for personal gain of the petitioner. According to the respondents the alleged deliberate delay on the part of the petitioner has jeopardized the reputation and interest of the State Govt. vis -a -vis the Central Govt. and that there is prima facie evidence to proceed against the petitioner.

(2.) IN response to the said order of suspension dated 15.5.2004, the petitioner made a request for withdrawal of the order of suspension by representation dated 17.5.2004 addressed to the Commissioner and Special Secretary to the Govt. of Assam, P.W.D. It is the case of the petitioner that he has been applying all out efforts from the date of joining as Chief Engineer on 30.9.2003 to get the time bound project of Indo -Bangladesh Border to be completed in time. Certain work measurements as indicated in his said representation dated 17.5.2004, according to the petitioner is adequate to curb any doubt of the alleged slow progress. According to the petitioner no progress could be made in respect of a particular portion as the land required for construction was yet to be acquired by the department from the Revenue Authority of the District. Thus, it is a case of total denial on the part of the petitioner that there was any deliberate delay in execution of border roads and fence on his part.

(3.) THE respondents have filed their affidavit in opposition to which the petitioner has also filed his affidavit in reply. The respondents have denied the stand of the petitioner and have reiterated their stand as in the impugned order of suspension. According to them the petitioner has been placed under suspension so as to have an impartial enquiry/investigation and to facilitate the same the records towards preparation of charge sheet, etc., are being scrutinised. The stand in the affidavit is that the Secretary to the Govt. of Assam in the P.W.D. had prepared a note bringing out all facts for initiating action against the petitioner. Subsequently, the Addl. Chief Secretary of the State recommended that the petitioner be placed under suspension. Presently the relevant files are under the seizure of the Superintendent of Police, Vigilance and Anti Corruption Department for investigation.