SAMSUL HOQUE TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. A.K. Azad, learned counsel, appearing for the petitioner. Also heard Mr. S. Dutta, learned counsel appearing for the respondent Nos.1& 2 and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the respondent Nos. 3, 4 & 5.

(2.) By way of this writ petition under Article 226 of the Constitution of India, the writ petitioner is assailing the impugned order dtd. 30/12/2023, passed by the District Commissioner, Bongaigaon, Assam, by which the writ petitioner has been suspended from his post of Lot Mondal of Boitamari Revenue Circle.

(3.) The brief fact of the case is that in the year 2021, when the petitioner was posted as Lot Mondal of Boitamari Revenue Circle in the district of Bongaigaon, Assam, at that time one lady submitted an application online for NOC in respect of the sale of a plot of land, and the said land was sold to one person, namely Anowar Hussain. In connection with the aforesaid sale of land, in the month of August 2023, one complaint was filed alleging that the said land had been fraudulently sold, and a complaint case being Case No. 29/2023, was registered by the Circle Officer, Boitamari Revenue Circle, wherein all the parties concerned were directed to appear before the Circle Officer. Thereafter, in connection with the aforesaid enquiry, a report was sought from the petitioner, wherein the petitioner, after duly verifying the application form, gave a report in favour of the sale. In connection with the aforesaid, a criminal case was filed on 10/12/2023, being Jogig-hopa P.S. Case No. 292/2023 under Sec. 120(B)/420/468/471/34 of the Indian Penal Code, 1860. In connection with the aforesaid case, the writ petitioner was arrested on 21/12/2023, and later on he was placed under suspension by the impugned order dtd. 30/12/2023.