INDIAN INSTITUTE OF TECHNOLOGY Vs. ALOKE KUMAR GHOSAL

JUDGEMENT

(1.) Heard Mr. R. P. Kakoti, learned senior counsel assisted by Mr. S. Sutradhar, learned counsel for the appellants. Also heard Mr. D. Saikia, learned senior counsel assisted by Mr. B.Gogoi, learned counsel for respondent No.1.

(2.) This appeal is directed against the judgment and order dated 28.07.2017, passed by the learned Single Judge allowing the writ petition being WP(C) 2229/2015 filed by respondent No.1 by quashing the suspension order of respondent No.1 dated 17.12.2014 and directing his reinstatement in service. Be it stated that respondent No.1 is a Professor of Chemical Engineering, Indian Institute of Technology (IIT), Guwahati. He was arrested on 16.12.2014 in connection with All Women Police Station Case No.130/2014 registered under Sections 376(2)(b)/506 of the Indian Penal Code. Following his arrest and continued detention for a period exceeding 48 hours, respondent No.1 was placed under suspension vide order dated 17.12.14. Respondent No.1 was released on bail on 16.03.2015. Following his release on bail, respondent No.1 submitted a representation dated 19.03.2015 before the Director, IIT, Guwahati requesting revocation of his suspension order and for release of his subsistence allowance. Suspension of respondent No.1 was reviewed by the Review Committee on 1.4.2015, wherein it was decided to continue with the suspension. Respondent No.1 was accordingly informed on 07.04.2015. It may be mentioned that a show-cause notice under Rule-14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 read with Article 311 of the Constitution of India was issued to respondent No.1 by the Director of IIT, Guwahati which was served on 15.06.2015. Subsequently, vide letter dated 05.08.2016, Director of IIT, Guwahati withdrew the said show-cause notice for technical reasons.

(3.) Review Committee in its subsequent meeting held on 19.10.2015 decided to continue with the suspension order. Aggrieved with the refusal of the IIT, Guwahati, to revoke the suspension order and assailing the legality and validity of the same, respondent No.1 preferred the related WP (C) No.2229/2015.