Durlav Narayan Singha v. The State of Assam and 7 Ors

ORDER Date : 22.04.2024

Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. C. S. Hazarika, learned Government Advocate.

¶2This writ petition is filed by the petitioner putting to challenge the order dated 5th October, 2023 issued by the Deputy Commissioner, Dhubri by which the petitioner was placed under suspension with effect from the date of the Page No.# 3/5 issue of the order.

¶3The writ petitioner is serving as a Senior District Administrative Assistant at the Chapar Revenue Circle, Chapar District. The petitioner during his service was served upon a notice by the Executive Magistrate in connection with a complaint petition received alleging sexual harassment at workplace. The notice was served without furnishing a complaint petition, the preliminary enquiry report and findings of the enquiry committee.

¶4The petitioner submitted his apology. Thereafter, the petitioner had approached this Court by filing WP(C)/6624/2023 and WP(C)/6202/2023. WP(C)/6202/2023 came to be dismissed by order dated 10.11.2023, as the same was withdrawn. Subsequently, WP(C)/6624/2023 came to be disposed of by order dated 22.11.2023, whereby the petitioner was permitted to appear before the authority concerned to furnish written statements and participate in the proceedings as it was stated at the bar that relevant copies of the compliant petition and other documents have been furnished to the writ petitioner. Liberty was also granted to file an appeal with provisions of sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 as per the procedure laid down. Pursuant to that the petitioner appeared before the authority and the proceedings had commenced an appeal has also been filed before the Chief Secretary, Government of Assam.

¶5Mr. C.S. Hazarika, learned Government Advocate submits that the appellate authority in respect of the appeal filed by the petitioner is the Commissioner and Secretary, General Administration Department, Government of Assam. The copy of the appeal filed before the Chief Secretary has already been marked and forwarded to the Commissioner and Secretary, General Administration Department, Government of Assam and the matter is presently Page No.# 4/5 pending before the Commissioner and Secretary, General Administration Department, Government of Assam.

¶6Since the proceedings against the writ petitioner has already been completed and the matter is at the stage of the appeal pending before the appellate authority. At this stage, this Court is not inclined to interfere with the impugned suspension order dated 05.10.2023, however, it is directed that the appellate authority, namely, the Commissioner and Secretary, General Administration Department, Government of Assam will expeditiously disposed of the appeal within a period of 30 (thirty) days from the date of receipt of a certificate of this order.

¶7Upon such disposal of the appeal, the competent authority who had placed the petition under suspension, namely, the District Commissioner, Dhubri will also consider the requirement of placing the petitioner under continued suspension as was done by the earlier order dated 05.10.2023. This direction to the Commissioner and Secretary, General Administration Department, Government of Assam is issued notwithstanding the same are not arrayed as a party in view of the statements of the learned Government Advocate that the competent appellate authority in respect of the appeal filed by the petitioner is the Commissioner and Secretary, General Administration Department, Government of Assam and the copy of the appeal has already been forwarded to the Commissioner and Secretary, General Administration Department, Government of Assam by the Chief Secretary, Government of Assam. Since the Commissioner and Secretary, General Administration Department, Government of Assam is not a party respondent, copy of this order be marked to the office of the Chief Secretary to be forthwith forwarded to the office of the General Administration Department for due compliance. Page No.# 5/5

¶8With the above observation the writ petition stands disposed of. The subsistence allowance including arrear salaries, if not released to the writ petitioner during his period of suspension, shall be released forthwith within a period of two (2) weeks from the date of the certified copy of this order.

¶9Writ petition is accordingly, disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010044322024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1318/2024o DURLAVoNARAYANoSINGHAo S/Oo-LT.oJATINDRAoNARAYANoSINGHAoR/O-oVILL-oSINDURAIoPTo.IIoP.O-o BELGURIoP.S-oAGOMONIoDIST-oDHUBRI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGHYo-06 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPERSONNELoDEPARTMENT oDISPURo oGHYo-06. 3:THEoDISTRICToCOMMISSIONER DHUBRI oASSAM.oPINo-o783301 4:THEoSUB-oDIVISIONALoOFFICERo(C)oBILASIPARA oDIST-oDHUBRI oASSAM.oPINo-o783348. 5:THEoCIRCLEoOFFICER oCHAPARoREVENUEoCIRCLE/TAHSILoOFFICE oCHAPAR oP.OoANDoP.S-oCHAPAR oDIST-oDHUBRI oASSAM.oPINo-o783371. 6:NOMITAoDAS Page No.# 2/5 PRESIDING OFFICER INTERNAL COMPLAINT COMMITTEE C/O- CIRCLE OFFICER CHAPAR REVENUE CIRCLR/TAHSIL OFFICER CHAPAR P.O AND P.S- CHAPAR DIST-DHUBRI ASSAM. PIN - 783371. 7:CHANDANA ROY PROCESS SERVER (MTS) CHAPAR REVENUE CIRCLE C/O- CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR P.O AND P.S- CHAPAR DIST- DHUBRI ASSAM. PIN - 783371. 8:NAMRATA BAROOA ACS EXECUTIVE MAGISTRATE BILASIPARA P.O AND P.S- BILASIPARA DIST- DHUBRI ASSAM PIN -78334 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA