BHARAT BARUAH Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. B.D. Goswami, learned Counsel for the Petitioner and also Mrs. M. Barua, learned standing counsel, Education Department.

(2.) The Petitioner in this writ proceeding challenges the order dated 13.1.2005 (Annexure-6) whereby he was placed under suspension w.e.f. 13.1.2005 and prays for issuance of a direction to the Respondent authorities to consider and dispose of the representations dated 30.11.2005 and 17.5.2008 submitted by him.

(3.) The Petitioner has been serving as Upper Division Assistant in the Office of the District Elementary Education Officer, Sibsagar and he was dealing with the matters connected with transfer and posting of the teachers. While he was serving so one Smt. Mousumi Gogoi (Handique), Asstt. Teacher, Mohan Barua Primary School, Amguri Block, Sibsagar made a complaint on 10.1.2005 before the Deputy Commissioner, Sibsagar District against the Petitioner that the Petitioner demanded Rs. 10,000.00 from her. The Deputy Commissioner deputed one Mr. A. Bharali, ACS, Executive Magistrate, Sibsagar on 11.1.2005 to enquire about the same and after searching the body of the Petitioner, the police party who accompanied the said Magistrate, recovered one envelop containing some cash amounts from his pocket. The said Magistrate lodged an FIR with the Officer-in-charge, Sibsagar Police Station on the basis of which a police case namely, Sibsagar RS. Case No. 15/05 under Sec. 7 of Prevention of Corruption Act, 1988 was registered. On the basis of this complaint the Petitioner was arrested and released on bail later on. The Petitioner was placed under suspension with immediate effect. The Respondent authorities issued show cause notice on 7.5.2005 (Annexure-8). The Petitioner replied to the show cause notice vide his letter dated 20.5.2005. The Respondent authorities did not consider the aforesaid reply to show cause and no order has been passed as yet. The departmental authorities without replying to the show cause reply initiated a departmental proceeding against the Petitioner.