RABIN KUMAR BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Keeping in mind that a suspension order is by way of an administrative measure and cannot be construed as a punishment by any stretch of imagination in the strict legal sense, nonetheless, in a given case, the administrative action cannot stand divorced from the scrutiny of superior Courts under powers of judicial review. The scope of interference may be limited, but the order of suspension cannot per se seek shelter under a cloak of immunity. The effort would now be to ascertain whether the suspension order in question was passed mala fide and without there being any prima -facie evidence on record connecting the petitioner with the misconduct in question. Public interest, undoubtedly, assumes significance while deciding to place a government servant under suspension and/or in his continuance in office while disciplinary proceeding is pending or is contemplated. This is the test.

(2.) The petitioner herein was placed under suspension by order dated 7.6.2016 (Annexure -1), issued under the hand of the Additional Secretary to the Government of Assam, Environment & Forest Department. He is the in -charge Forest Ranger, Palashbari Range, Kamrup East Division, having assumed office on and from

(3.) 1.2016, pursuant to Notification dated 24.12.2015, transferring him from Burachapori Range, Nagaon Wild Life Division to the present Palashbari Range in the same capacity. Notwithstanding the subsequent order of transfer to Guwahati Range, which is the subject -matter of challenge in another writ petition i.e. WP(C) 2295/2016, the petitioner have continued to serve at Palashbari Range from the date of his joining on 3.1.2016. 3. Grounds assigned for placing the petitioner under suspension by the order dated 7.6.2016 is best illustrated by reproducing the same: