GAUHATI HIGH COURT ISSUES ORDER ON SHRI DIBYAJYOTI SARMAH V/S THE STATE OF ASSAM AND ORS.

GUWAHATI, India, May 6 -- Gauhati High Court issued the following order on April 2:

1. Heard Mr. P.R. Sharma, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, Excise Department for the respondent nos. 1, 2 and 3, Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent no. 4 and Ms. B. Borah, learned Standing Counsel, BTC for the respondent no.5.

2. Challenge made in this writ petition to the order dated 21.07.2025 passed by the Secretary to the Government of Assam, Excise Department by which the petitioner is placed under suspension in exercise of the provisions of Rule 6 (1) (a) of the Assam Services (Discipline & Appeal) Rules, 1964 pending initiation of the departmental proceedings.

3. The case of the petitioner, in brief, is that he was appointed as Excise Inspector vide an order dated 29.10.2022 in the Excise Department, Government of Assam and joined his service on 14.11.2022. The petitioner was transferred to Chirang as Inspector of Excise, Kajalgaon vide order dated 06.12.2024 by CHD, Excise Department, BTC, Kokrajhar. Due to certain administrative issues, the petitioner could joined in the said post only on 19.03.2025.

4. While the petitioner was discharging his duties as Inspector of Excise, Chirang, Assam, a Show Cause Notice was issued to him on 21.06.2025 alleging inter alia that the EIB team accompanied by Excise team had found 385 cases of illegal stock of IMFL along with fake holograms, fake labels, fake bottle caps at Santipur in Chirang district which was under the jurisdiction of the petitioner.

5. Thereafter, the Secretary to the Government of Assam, Excise Department vide order dated 21.07.2025 placed the petitioner under suspension with immediate effect in terms of the Rule 6 (1)(a) of the Assam Services (Discipline & Appeal), Rules 1964 pending initiation of the departmental proceedings.

6. The petitioner has submitted his reply on 26.06.2025 to the said Show Cause Notice denying all the allegations in the said Notice. Thereafter, again the petitioner was issued Show Cause Notices dated 01.09.2025 and 22.10.2025.

7. It is the contention of the petitioner that he was placed under suspension on 21.07.2025 and even after lapse of 4 (four) months of the suspension, no memorandum of charges / charge sheet has been served upon him, nor any reasoned order has been passed with regard to the extension of suspension as it is mandatory under the law to review the suspension order within 90 days from the effective date of suspension.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7bKK0vf0UIaJljIj6aoLqykaOqLMoBZJTTO8lJAGOjB&caseno=WP(C)/7306/2025&cCode=1&cino=GAHC010280032025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.