GUWAHATI, India, Aug. 18 -- Gauhati High Court issued the following order on July 17:

1. Heard Mr. J. Patowary, learned counsel appearing on behalf of the petitioner. Also heard Mr. S. Dutta, learned standing counsel, Revenue & Disaster Management Department; and Ms. M. Bhattacharyya, learned Addl. Senior Government Advocate, appearing on behalf of their respective respondents.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 30.01.2024, passed by the District Commissioner, Lakhimpur, placing the petitioner under suspension w.e.f. 08.01.2024, in pursuance of his arrest by the Directorate of Vigilance & AntiCorruption, Government of Assam, on 08.01.2024, in connection with ACB Police Station Case No. 08/2024, under Section 120(B) of the Indian Penal Code read with Section 7(a) of the Prevention of Corruption Act, 1988 (as amended), on the ground of prolonged suspension.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The petitioner, herein, while working as Lat Mandal under Bihpuria Revenue Circle, Lakhimpur, came to be placed under detention on 08-01-2024 in connection with ACB Police Station Case No. 08/2024 under Section 120(B) of the Indian Penal Code read with Section 7(a) of the Prevention of Corruption Act, 1988(as amended). The petitioner, thereafter, moved before this Court by way of instituting a bail application being BA No. 218/2024, seeking regular bail. A co-ordinate Bench of this Court, vide order, dated 23- 01-2024, on examination of the materials coming on record, was pleased to dispose of the said bail application, granting regular bail to the petitioner in connection with ACB Police Station Case No. 08/2024.

It is also projected that the petitioner upon being enlarged on regular bail, had informed the said fact to the respondents No. 2 & 4, respectively. The District Commissioner, Lakhimpur, vide order, dated 30-01-2024, on being appraised about the petitioner being placed under detention for more than 48 hours in connection with ACB Police Station Case No. 08/2024, proceeded to place the petitioner under suspension in terms of the provisions of Rule 6(2) of the Assam Services(Discipline and Appeal) Rules, 1964, w.e.f. 08-01-2024, i.e. with effect from the date of his arrest.

The disciplinary authority of the petitioner, thereafter, served a Show Cause Notice upon the petitioner on 04-05- 2024. The petitioner submitted his reply in pursuance thereof. Not being satisfied with the reply submitted by the petitioner, an enquiry officer was appointed and the enquiry officer conducted the departmental enquiry in the matter. The departmental enquiry was concluded on 27-06-2024. The enquiry report was also furnished to the petitioner vide communication, dated 07-12-2024 and the petitioner submitted his representation thereof. However, the matter was not taken to its logical conclusion.

The petitioner being aggrieved by the prolonged suspension effected in his case, had instituted the present proceeding, assailing the order of suspension so issued in his case on 30-01-2024, on the ground of prolonged suspension occasioning in pursuance thereof.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqEUdt5dQvUcEaiQ%2BtYtAqDuJe6GiV9OteKjMsr8cPH6l&caseno=WP(C)/502/2025&cCode=1&cino=GAHC010279202024&state_code=6&appFlag=)

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