Indrajit Bora v. The State of Assam and 4 Ors

ORDER

25.08.2023 Heard Mr. SK S N Mohammad, learned counsel for the petitioner and Mr. R Dhar, learned Standing counsel, Public Works (Roads) Department, Assam for the respondent Nos. 1 & 2. Also heard Mr. D Bora, learned Government Advocate, Assam for the respondent Nos. 3, 4 & 5.

¶2The petitioner is a Superintending Engineer (Civil), PWRD, RAM Cell in the Office of the Chief Engineer (Roads), Assam and was attached to the Chief Engineer, Guwahati Municipal Corporation.

¶3On 22.03.2023 the petitioner was arrested in ACB P.S. Case No. 17/2023 registered under Section 7 (a) of the Prevention of Corruption Act, 1988 as amended, in a bribe case while taking bribe money.

¶4Later he was released on bail by the Special Judge, Assam on 28.04.2023 in said ACB P.S. Case No. 17/2023.

¶5The Commissioner and Special Secretary to the Government of Assam in the Public Page No.# 3/5 Works Roads Department (PWRD) vide Communication No. eCF 244735/10 dated 31.03.2023 suspended the petitioner from service under Rule 6(2)2.2.1 of the Assam Services (Discipline & Appeal) Rules, 1964 as he was arrested in a police case and detained in custody for more than 48 hours w.e.f. 22.03.2023 i.e., the date of his arrest.

¶6The petitioner on 12.05.2023 submitted a representation for his reinstatement in service, which is yet to be considered.

¶7Later by No. E-294339/81 dated 03.07.2023, the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department issued a Show-Cause Notice to the petitioner under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India as to why the penalties prescribed in Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964 should not be inflicted upon him in terms of the charges framed against him in the said Show-Cause Notice dated 03.07.2023.

¶8The said Show-Cause Notice dated 03.07.2023, noted above, was issued to the petitioner though E-mail at 11.24 PM on 03.07.2023.

¶9The petitioner received the said Show-Cause Notice and submitted his reply on

10.07.2023. Said Show-Cause reply of the petitioner is yet to be considered.

¶10The petitioner submitted that after his release on bail on 28.04.2023 in said ACB P.S. Case No. 17/2023, he on 12.05.2023 submitted an appeal before the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department for his reinstatement in service, intimating the said authority about his release on bail. The said appeal has not been disposed of till date.

¶11As the petitioner has not been reinstated in service for more than 90 days after the date of his release on bail on 28.04.2023, the petitioner being aggrieved has preferred this writ petition, praying for a direction to the respondent authorities to reinstate him in service stating that he will retire from service on 30.09.2023 on attaining the age of superannuation at 60 years.

¶12On being enquired, Mr. R Dhar, learned Standing counsel, Public Works (Roads) Department, Assam placed before the Court a copy of the Notification No. CON.8/2022/Pt./87 dated 12.08.2023 issued by the Commissioner and Special Secretary to the Government of Page No.# 4/5 Assam, Public Works (Roads) Department, whereby the respondent department stated that a Departmental Proceeding has already been initiated against the petitioner on 03.07.2023 and considering the entire facts and circumstances, the said authority by the Notification dated

12.07.2023 extended the suspension of the petitioner for a period of 2 (two) months w.e.f.

22.06.2023 and until further order.

¶13The period of 2 (two) months in terms of the said Notification dated 12.07.2023, noted above, is already over.

¶14However, the enquiry with regard to the Departmental Proceeding against the petitioner has not been initiated.

¶15Though the petitioner raised a question that the Show-Cause Notice issued to him on

03.07.2023 is without the signature of the authority concerned, but the petitioner has already submitted his reply to the said Show-Cause Notice on 10.07.2023 and he has not challenged the said Show-Cause Notice dated 03.07.2023.

¶16Considering the fact that the petitioner shall retire from service on 30.09.2023 and that the respondent authorities are yet to consider his reply to the said Show-Cause Notice dated 10.07.2023 submitted before the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department on 10.07.2023; the petitioner is directed to submit a fresh representation before the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department along with the certified copy of this order on or before 31.08.2023, stating his grievances and praying for his reinstatement in service who was placed under suspension on 31.03.2023.

¶17As the petitioner shall retire from service on 30.09.2023, in the event of filing such representation by the petitioner along with the certified copy of this order on or before

31.08.2023, as directed above, the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department shall dispose of the same in accordance with law, intimating the petitioner about the outcome of his said representation.

¶18With the above observation and direction, this writ petition stands disposed of.

¶19Copy of the Communication of the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department dated 12.07.2023 placed before the Page No.# 5/5 Court by Mr. R Dhar, learned Standing counsel, Public Works (Roads) Department be kept as part of the record.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010182062023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4754/2023o INDRAJIToBORAo S/O-oLATEoBHUBANoCHANDRAoBORA,o CHIEFoENGINEER,oGUWAHATIoMUNICIPALoCORPORATION,o GUWAHATI,oKAMRUP(M),oASSAM.o PERMANENToADDRESS-o CLUBoROAD,oCHANDANoNAGAR,oJORHAT.o PRESENToADDRESS-o1SToFLOORo (INoTHEoHOUSEoOFoNABINoHATIMURIA),o HATIGAONoBHETAPARAoROAD,o P.S.-oHATIGAON,oGUWAHATI-38. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSPL.oSECRETARYoTOoTHEo GOVT.oOFoASSAM,o PUBLICoWORKSo(ROADS)oDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:DEPUTYoSECRETARYoTOoTHEoGOVT.oOFoASSAM oESTT-Bo(CONFIDENCIALoCELL) oPWRD. 3:THEoDEPUTYoCOMMISSIONER oKAMRUP(M) oGHY-01. 4:SUPERINTENDENToOFoPOLICE oDIRECTORATEoOFoVIGILANCEoANDoANTI-CORRUPTION oASSAM Page No.# 2/5 SRIMANTAPUR GUWAHATI-32. 5:INSPECTOR OF POLICE DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION ASSAM SRIMANTAPUR GUWAHATI-32 Advocate for the Petitioner : MR. SK N MOHAMMAD Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK