STATE OF ASSAM Vs. JIUDDIN AHMED

JUDGEMENT

(1.) This appeal by the State of Assam is directed against the order dated 30.11.93 passed by a learned Single Judge of this Court in Civil Rule No. 3362/93 revoking the suspension order dated 5.8.93 passed against the writ petitioner respondent, who is a Member of the Assam Civil Service and was serving as a Deputy Secretary to the Government of Assam, Animal Husbandry and Veterinary Department at the relevant time.

(2.) By order dated 5.8.931 (filed as Annexure-1) the petitioner was suspended pending departmental proceeding. The order of suspension is reproduced hereinafter -

(3.) The Writ petitioner respondent challenged the aforesaid order of suspension, inter alia, on the grounds that the allegations and imputations made against him in Annexure-1, were factually incorrect, and false, the procedural requirements were such that LOCs (letter of credit) could not be issued by the Deputy Secretary alone as the same was procedurally required to be countersigned by Senior Financial Adviser. A One-Man Committee was appointed to go into the irregularities in the Veterinary Department, and while its report was still awaited, the petitioner had been transferred from the said department and had handed over charge on 27.8.92, as such, there was no justification for passing the impugned order of suspension.