Md. Altaf Ali v. The State of Assam and 2 Ors

ORDER Date : 24.06.2024

Heard Mr. A. B. T. Haque, learned counsel for the petitioner. Also heard Ms. M. D. Bora, learned Standing Counsel for the Co-operative Department. The challenge made in the present proceedings is the order of suspension dated 07.09.2023, placing the petitioner under suspension on account of the detention in connection with Tinsukia P.S. Case No. 279/2023, under Sections 406/420 of the IPC. The petitioner was so placed under detention in connection with the said criminal case on 01.09.2023. The learned counsel for the petitioner submits that on being enlarged on bail, in connection with the said police case by the learned Chief Judicial Magistrate, Tinsukia, the petitioner had on 30.11.2023 intimated the said aspect of the matter to the respondent authorities. Mr. Borah, learned Standing Counsel, on instructions received has submitted that no review in respect of the order of suspension dated

07.09.2023, issued against the petitioner has been carried out by the respondent authorities. In the above view of the matter, applying the decision of Hon'ble Supreme Court in the case of Ajay Kumar Choudhury Vs. Union of India & Ors., reported in 2015 7 SCC 291, more particularly, Paragraph-21 thereof, this Court is of the considered view that the review as mandated in the Page No.# 3/3 matter and/or the charge-sheet either in the criminal case or towards initiation of a departmental proceedings having been issued, the order of suspension cannot survive any further. Accordingly, the order of suspension dated 07.09.2023, stands set aside. However, the respondent authorities are at liberty to post the petitioner against any post at a different location in terms of the liberty so granted by the Hon'ble Supreme Court in Paragraph-21 of the decision of Ajay Kumar Choudhury (supra). The instructions, as produced by Ms. Borah, learned Standing Counsel is kept on record and marked as 'X' for identification. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010106182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2797/2024 MD. ALTAF ALI S/O- YUISUF ALI, R/O- VILLAGE BOIRAGIMOTH, P.O- BAIRAGIMOTH, DIST- DIBRUGARH, ASSAM, PIN-786003 VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, COOPERATION DEPARTMENT, ASSAM SECRETARIAT , DISPUR, GHY-06 2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022. 3:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES JORHAT ASSA Advocate for the Petitioner : MR. A B T HAQUE Advocate for the Respondent : SC, CO OP Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR