Gauhati High Court
Pranab Kumar Bhattacharjya vs The State Of Assam And 3 Ors on 27 January, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
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GAHC010125182020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3634/2020
PRANAB KUMAR BHATTACHARJYA
S/O- LT. BIMAL CHANDRA BHATTACHARJYA, LOWER DIVISION ASSTT.
FOREIGNERS TRIBUNAL 2ND, MORIGAON (UNDER SUSPENSION), R/O-
VILL- RAJAGAON, WARD NO.5, P.S. MORIGAON, DIST.- MORIGAON, PIN-
782105, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL (B)
DEPTT., DISPUR, GHY-06
2:THE COMMISSIONER AND SECRETARY
GOVT. OF ASSAM
DEPTT. OF PERSONNEL (B)
DISPUR
GHY-6
3:THE MEMBER
FOREIGNERS TRIBUNAL 2ND
MORIGAON
ASSAM
PIN- 782105
4:THE DY. COMMISSIONER
MORIGAON
DIST.- MORIGAON
ASSAM
PIN- 78210
Advocate for the Petitioner : MR. A PAUL
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Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 27.01.2022 Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned standing counsel for the Boarder and F.T. matters, representing the respondent nos. 1 to 3 as well as Mr. J.K. Goswami, learned Addl. Senior Govt. advocate appearing for respondent no. 4.
2. The petitioner was appointed as Lower Division Assistant (LDA for short) in the establishment of the Foreigners Tribunal (2 nd), Morigaon pursuant to appointment order dated 26.12.2008. On the allegations that the petitioner had issued some certificates of no pending cases against two persons, whereas cases were pending against them, the case being Morigaon PS Case No. 728/2019 was registered against the petitioner and one Home Guard of the said tribunal under Sections 120(B)/420/468/471 IPC and accordingly, the petitioner was taken into custody on 08.08.2019. Thereafter, the petitioner was suspended vide order dated 09.08.2019 passed by the learned Member, Foreigners Tribunal (2nd), Morigaon. The petitioner was thereafter released on bail by order dated 13.09.2019. On the ground that the order of suspension of the petitioner has not been reviewed and no disciplinary proceeding has been drawn up against the petitioner, the present writ petition has been filed under Article 226 of the Constitution of India.
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3. Opposing the writ petition, the learned standing counsel for the respondent nos. 1 to 3 has submitted that as the petitioner was arrested on 08.08.2019 and taken into custody for more than 48 hours and that the allegation against the petitioner is grave of having issued no pending case certificate in respect of persons against whom the cases were pending in the same tribunal. The learned standing counsel for the respondent nos. 1 to 3 has justified continued suspension of the petitioner.
4. Having regard to the ratio laid down by the Supreme Court of India in the case of Ajay Kumar Choudhary Vs. Union of India (2015) 7 SCC 291, wherein the continued suspension of more than three months has been deprecated and in view of the reply given by the learned standing counsel for the respondent nos. 1 to 3 on specific query of the Court that no disciplinary proceeding against the petitioner has been initiated, save and accept for issuance of the show- cause notice, the Court is of the considered opinion that the continued suspension of the petitioner against cannot be sustained and therefore, order of suspension of the petitioner bearing no. FTM-2/2019/136 dated 09.08.2019 quashed prospectively from the date of the order.
5. Accordingly, the respondent authorities shall reinstate the petitioner in service within a period of 10(ten) days from the date of receipt of certified copy of this order. However, in view of the nature of allegation against the petitioner, the Court is inclined to provide that it would be open to the respondent no. 3 i.e. the Member, Foreigners Tribunal (2nd), Morigaon to post the petitioner in any non-sensitive post for a period of 3(three) months, and if within the said three months, no disciplinary proceedings are initiated against the petitioner, he Page No.# 4/4 shall be placed in the same post where he was working.
6. This writ petition stands allowed to the extent as indicated above.
7. The parties are left to bear their own cost.
JUDGE Comparing Assistant