PRADIP KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Patowary, learned counsel appearing for the writ petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, Revenue and Disaster Management Department, Assam appearing for the respondent Nos.1 and 2 and Mr. A. Chakraborty, learned Govt. Advocate, Assam appearing for the respondent Nos.3 and 4.

(2.) The challenge in this writ petition is to the order of suspension dtd. 27/1/2024 issued by the respondent No.3 whereby, the writ petitioner was placed under suspension. The impugned order has been assailed primarily on the ground that due to failure on the part of the authorities to review of the order within the period of 90 days from the issuance of the same, the order of suspension has already lapsed by operation of law. As such, the impugned order dtd. 21/1/2024, as extended from time to time, is liable to be set aside by this court and the petitioner is liable to be reinstated in service forthwith. The facts and circumstances of the case, leading to the filing of this writ petition, narrated in brief, are as hereunder.

(3.) The writ petitioner was initially appointed as a Lot Mondal on 23/2/2006. Thereafter, he was promoted to the post of Supervisory Kanungo. While serving as Supervisory Kanungo in the office of the Circle Officer, Chamaria Revenue Circle, Boko, the petitioner was arrested on 5/1/2024 in connection with ACB P.S. Case No.05/2024 registered under Sec. 7(a) of the Prevention of Corruption Act, 1988 on the allegation of accepting bribe of Rs.3,000.00 and he was detained in police custody for a period exceeding 48 hours. In view of his arrest and detention in police custody exceeding the period of 48 hours, the District Commissioner, Kamrup (R) i.e. the respondent No.3, by invoking powers under Sec. 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964 (herein after referred to as the Rules of 1964), had placed the petitioner under suspension by issuing the order dtd. 27/1/2024 with effect from the date of his arrest i.e. 5/1/2024. The writ petitioner was released on bail on 7/2/2024. According to the petitioner, the fact regarding his release on bail was duly intimated to the authority i.e. the respondent No.2 herein. Notwithstanding the same, a show cause notice dtd. 3/4/2024 was served upon the petitioner on 4/4/2024, accompanied by list of documents, list of witnesses and statement of allegations, thus initiating a disciplinary proceeding against the writ petitioner by framing as many as four different charges against him. The charges brought against the writ petitioner include the charge of acceptance of bribe of Rs.3000.00 and recovery of un-accounted cash from the residence of the petitioner to the tune of more than Rs.7,36,000.00.