Buddha Kataky v. The State of Assam and 4 Ors

ORDER

22.04.2024

Heard Mr. T.H. Hazarika, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Standing Counsel, Elementary Education. This writ petition is filed by the petitioner putting to challenge the suspension order dated 06.03.2023 pursuant to his arrest and detention in connection with ACB Police Case No. 10/2023 under section 7(a) of the Prevention of Corruption Act, 1988, since the date of suspension the petitioner continued to be under suspension. Being aggrieved, the present writ petition has been filed challenging the said suspension order on the ground that the same has been violative in the Law laid down by the Apex Court in the case of Ajay Kumar Choudhary Vs Union of India through its Secretary and another, read with judgments passed by this Court. Earlier, opportunities were granted to the respondents to obtain their Page No.# 3/4 required instructions in the matter. And today, when the matter is called up the learned Standing Counsel, Elementary Education has placed before the Court the communication dated 22.04.2024 to avail that the Disciplinary Committee which was constituted to proceed departmentally against the petitioner and submitted his report. The matter is presently pending before the Disciplinary Authority and awaiting further orders. Under such circumstances, this Court is of the considered view that since the Departmental Proceedings have already been initiated, the enquiry has been completed and the enquiry report has also been submitted, the Disciplinary Authority/Competent Authority should proceed to pass necessary orders pursuant to the report submitted by the Enquiry Officer. While passing such necessary orders the Departmental authority will also decide on the question of the writ petitioner shall be continued to be under further suspension and pass necessary speaking orders thereon. Any such order that is passed copies thereof be served on the writ petitioner. The entire exercise will be completed within a period of 2 (two) weeks from the date of receipt of the certified copy of this order. The writ petition, accordingly, stands disposed of in terms of the above.

JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010244112023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6344/2023o BUDDHAoKATAKYo S/O-oLATEoASWINIoKAKATY,o R/O-oJ.B.oROAD,oAMOLAPATTY,oNAGAON,o P.S.-oNAGAONoSADAR,o P.O.-oNAGAON,o DISTRICT-oNAGAON,oASSAM,o PIN-o782001. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o EDUCATIONo(ELEMENTARY)oDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoADDITIONALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoSCHOOLoEDUCATION oGUWAHATI-6. 3:THEoDIRECTORoOFoSCHOOLoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019. 4:THEoDEPUTYoCOMMISSIONER oKAMRUP(METRO) oGUWAHATI-o781001. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oKAMRUP(METRO) Page No.# 2/4 GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 782002 Advocate for the Petitioner : MR T H HAZARIKA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA