MATIUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in the present writ peiition is against the order dated 5.9.1997 placing the petitioner under suspension under Rule 6(b) of the Assam Services (Discipline and Appeal) Rules, 1965 (hereinafter referred to as the Rules). As the aforesaid suspension of the petitioner has continued till date, the continuation of the same on grounds other than what have been pleaded in the writ petition, have also been urged at the oral hearing.

(2.) The petitioner, who was at the relevant point of time serving as an Accountant in the Office of the Officer-in-Charge, I.C.D.S. Project at Howly, was initially placed under suspension by an order dated 31.3.1993. The said order of suspension-dated 31.3.1993 was challenged by the writ petitioner by instituting a writ proceeding registered and numbered as C.R. No. 2932 of 1993. The aforesaid writ proceeding was answered by the Court in favour of the writ petitioner and interference having been made with the impugned suspension of the petitioner, the authority by issuing a consequential order dated 17.11.1993, revoked the suspension of the petitioner and he was reinstated in service. The petitioner thereafter continued to be in service when by a Memo, dated 30.10.1995 certain charges were brought against the petitioner, on the basis of which a disciplinary proceeding was initiated against him. While the aforesaid proceeding was pending, in respect of the same allegations, a FIR was lodged, inter alia, against the writ petitioner and charge-sheet having been subrr itted against the petitioner in the criminal case instituted, which was investigated by the C.B.I., the petitioner was once again placed under suspension by the order dated 5.9.1997. The aforesaid order was passed in exercise of the powers conferred by Rule 6(b) of the Rules. The departmental proceeding against the petitioner having dragged and the criminal case instituted against him, i.e., Special Case No. 6(C) of 1997 in the Court of the Special Judge, Assam, Guwahati having made tardy progress, the petitioner had instituted this writ application in the year 2003 calling into question the legality of the order of suspension dated 5.9.1997 and the continuation thereof.

(3.) I have Heard Mr. U. Bhuyan, learned counsel for the petitioner and Mr. R.K. Bora, learned Government Advocate, Assam.