GUWAHATI, India, Oct. 2 -- Gauhati High Court issued the following order on Sept. 2:

1. The instant writ petition under Article 226 of the Constitution of India is preferred to assail an Order dated 28.11.2024 passed by the respondent no. 3 whereby the petitioner was placed under suspension with immediate effect, and another Order dated 06.06.2025 passed again by the respondent no. 3 whereby the period of suspension of the petitioner was extended for a further period of three months w.e.f 28.05.2025 or till further order. A direction in the nature of Mandamus to the respondent authorities to reinstate the petitioner into service with immediate effect has also been sought for.

2. The petitioner is an employee under the Food, Public Distribution & Consumer Affairs Department, Government of Assam. At the time of issuance of the Order of Suspension dated 28.11.2024, the petitioner was serving as a Superintendent, Food, Public Distribution & Consumer Affairs, Dhubri.

3. From the materials on record, it has emerged that it was reported that the number of issued Ration Cards in Dhubri district had been unreasonably inflated. As per the Report, in the five Legislative Assembly Constituencies [LACs] of Dhubri District, selection of new beneficiaries were undertaken for issuance of new ration cards under the National Food Security Act [NFSA], 2013 and during the said process, the nos. of ration cards issued were found inflated. A pattern of manipulation in the selection of new beneficiaries was observed. New Ration Cards were found to have issued to a large number of families consisting of only two members, which seemed inconsistent with the demographic pattern of Dhubri district. The petitioner was found prima facie responsible for such manipulation and the same was alleged to be done with malafide intention.

4. In such backdrop, the Order of Suspension dated 28.11.2024 came to be passed by the respondent no. 3 in exercise of the power conferred by sub-rule [1][a] of Rule 6 of the Assam Services [Discipline and Appeal] Rules, 1964 ['the 1964 Rules' and/or 'the Rules, 1964', for short]. The petitioner was placed under suspension with immediate effect and the headquarter of the petitioner was made at Dhubri with a further direction that the petitioner would not leave the headquarter without obtaining prior permission of the District Commissioner, Dhubri.

5. At this stage, it is also relevant to mention the relevant facts which are not in dispute. After placing the petitioner under suspension on and from 28.11.2024, a Show Cause Notice dated 10.01.2025 under Rule 9 of the 1964 Rules read with Article 311 of the Constitution had been served upon the petitioner directing him to show cause as to why disciplinary proceeding should not be initiated against him and as to why any of the penalties prescribed in Rule 7 of the 1964 Rules should not be inflicted upon him. A Statement of Allegations was also enclosed with the Show-Cause Notice dated 10.01.2025 along with a List of Witnesses and a List of Documents. In response to the Show Cause Notice, served upon the petitioner on 10.01.2025, the petitioner submitted a Reply to the respondent no. 3 on 17.03.2025.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xzSIXn4wg0yFUSqgsPxBvObb9X0oiVHaom1PsTGlGVlU&caseno=WP(C)/3553/2025&cCode=1&cino=GAHC010138502025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.