Dibakar Mali v. The Guwahati Municipal Corporation and 2 Ors

O R D E R

31.05.2023

Heard Mr. A. K. Baruah, the learned counsel for the petitioner and Mr. S. Bora, the learned counsel appearing on behalf of the respondent Nos. 1 to 3.

¶2Taking into account the issue involved in the instant writ petition, the matter is taken up for disposal at the motion stage itself.

¶3The petitioner herein has challenged the order of suspension dated

18.11.2022. It is the contention of the petitioner that the order dated

18.11.2022 whereby the petitioner was put under suspension is contrary to the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291 and more particularly paragraph 21 wherein it has been mentioned that even after the memorandum of charge has been served upon the delinquent employee, the disciplinary authority has to pass a reasoned order for extending the suspension period which had not been done in the instant case and as such, the petitioner is entitled to reinstatement.

¶4On the other hand, Mr. S. Bora, the learned counsel appearing on behalf the GMC, submits that in the judgment of the Supreme Court in the case of Ajay Kumar Choudhary (supra), directions were issued to the effect that upon serving the memorandum of charge upon the delinquent employee, a reasoned order has to be passed for extending the Page No.# 3/4 suspension period. The learned counsel referred to the Office Memorandum dated 4/2/2020 issued by the Chief Secretary to the Government of Assam in the Personnel Department wherein it has been mentioned that a review has to be made within a period of six months from the date of submission of the memorandum of charge. The learned counsel appearing on behalf of the respondent No. 1 submits that the memorandum of charge was served upon the petitioner on 26/12/2022 and as on date, the period of six months is not over.

¶5Be that as it may, it is the further submission of the learned counsel appearing on behalf of the respondent No. 1 that in compliance to the Office Memorandum dated 4/2/2020 as well as the judgment of the Supreme Court in the case of Ajay Kumar Choudhary (supra), steps would be taken within 15 days from today, if such steps have not yet been taken.

¶6Upon hearing the learned counsels for the parties and taking into account that the memorandum of charge was issued on 26/12/2022 and the petitioner has also submitted a reply on 6/1/2023 and the disciplinary proceedings is presently going ahead with the criminal proceedings, this Court does not find any justifiable ground for interference with the suspension order. However, it is made clear that it is the mandate of law that there has to be extension of the suspension order by a reasoned order, which as per the Office Memorandum dated 4/2/2020 is to be done within a period of six months. Taking into account that the learned counsel appearing on behalf of the respondent No. 1 submits that the same would be done within a period of 15 days from today, this Court is not inclined to interfere with the order of suspension or the further continuation of the suspension subject to the respondent authorities passing a reasoned order Page No.# 4/4 within 15 days from the date a certified copy of this order is served upon the Commissioner, GMC.

¶7Accordingly, the instant petition stands disposed of in terms with the observations made herein above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010115012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3072/2023o DIBAKARoMALIo SONoOFoLATEoGHANAoKANTAoMALI,o HOUSEoNO.o32,oPRABHAToBOROoPATH,o DHIRENPARA,oAMBARIoFATASIL,o GUWAHATI,oASSAM,oPIN-o781025. VERSUSo THEoGUWAHATIoMUNICIPALoCORPORATIONoANDo2oORSo REPRESENTEDoBYoITSoCOMMISSIONER,o PANBAZAR,oGUWAHATI-1. 2:THEoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oPANoBAZAR oGUWAHATI-o781001. 3:THEoCHIEFoENGINEER oGUWAHATIoMUNICIPALoCORPORATION oUZANoBAZAR oGUWAHATI-o781001o AdvocateoforotheoPetitionerooooo:oMR.oAoKoBARUAHo AdvocateoforotheoRespondento:oSC,oGMCoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH