Allowed

Nabajyoti Borah v. the State of Assam and 6 Ors.

Gauhati HC11 May 2022WP(C)/2995/2022

Case brief

AI extract

What is this about?

Petitioner challenged suspension order and non-payment of salary for over 90 days. The High Court, relying on Ajay Kumar Choudhury, set aside suspension, ordered reinstatement, and directed payment of subsistence allowance and regular salary from the tow

What did the court decide?

Suspension order set aside. Respondents directed to reinstate petitioner, pay subsistence allowance, and pay regular salary.

Nabajyoti Borah Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010086232022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2995/2022

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NABAJYOTI BORAH S/O- LATE NORESH CH. BORAH R/O- MARIANI, JOYMOTI NAGAR GANGAPAR, P.O AND P.S- MARIANI DIST- JORHAT, ASSAM, PIN-785364

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) PANJABARI

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GUWAHATI-37

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3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMIN. AND VIGILANCE) PANJABARI

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GUWAHATI-37

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4:CONSERVATOR OF FORESTS EASTERN ASSAM CIRCLE JORHAT

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5:DIVISIONAL FOREST OFFICER JORHAT DIVISION JORHAT

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6:DIVISIONAL FOREST OFFICER

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Page No.# 2/3

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EASTERN ASSAM WILDLIFE DIVISION BOKAKHAT

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7:RANGE FOREST OFFICER BOKAKHAT RANGE BOKAKAHA

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Advocate for the Petitioner : MR. T J MAHANTA

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 11.05.2022

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Heard Mr. TJ Mahanta, learned Senior Counsel assisted by Ms. P Bhattacharya, learned counsel for the petitioner.

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The petitioner’s case is that the petitioner was placed under suspension vide Office Order dated 20.01.2022 and his headquarter was fixed in the Office of DFO, EAWL, Bokakhat. Thereafter, the petitioner was transferred, while under suspension to the Modarjuri APC under Bokakhat Range, Bokakhat vide letter dated 22.02.2022 issued by the Range Forest Officer, Bokakhat Range, Bokakhat. The petitioner joined his duty at EAWL, Bokakhat Division on 01.02.2022.

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The petitioner’s counsel submits that till today, the petitioner has not been paid either his subsistence allowance or any salary. He further submits that no charge-sheet or memorandum of charge has been issued against the petitioner, even though 90 days have elapsed from the date of the order of suspension of the petitioner. The petitioner’s counsel thus submits that suspension of the petitioner vide impugned order dated 20.01.2022 should be set aside, as per law laid down by the Hon’ble Apex Court in the case of Ajay Kumar

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Choudhury –vs- Union of India & Ors reported in (2015) 7 SCC 291.

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Mr. D Gogoi, learned counsel for all the respondents fairly submits that no review of the petitioner’s suspension order has been undertaken by the respondents till date. He also

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submits that neither subsistence allowance nor salary has been paid to the petitioner.

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In view of the submissions made by the learned counsel for the respondents and keeping in view the judgment of the Honb’le Apex Court in the case of Ajay Kumar Choudhury (supra), the suspension order dated 20.01.2022 of the petitioner is hereby set aside.

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The respondents are directed to re-instate the petitioner immediately into service. The petitioner should also be paid his subsistence allowance for the period of suspension undergone and the petitioner should also be given his regular salary from today. The payment of subsistence allowance shall not prejudice the right of the petitioner to claim his salary for the period of suspension, in case the State respondents do not initiate any departmental proceeding against the petitioner.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Nabajyoti Borah v. the State of Assam and 6 Ors.

Case brief

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Nabajyoti Borah v. the State of Assam and 6 Ors.

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