Disposed

Mahesh Ch. Nath v. the State of Assam and 2 Ors.

Gauhati HC2 Sept 2022WP(C)/5460/2022

Case brief

AI extract

What is this about?

This court set aside a suspension order dated 15.04.2022 imposed on a Deputy Ranger. Relying on Ajay Kumar Choudhury (2015), the court held that since departmental proceedings were not initiated within three months, the order was illegal. The petitioner was directed to be re-instated, allowing the government to transfer him to break local contacts.

What did the court decide?

Impugned suspension order dated 15.04.2022 set aside. Petitioner re-instated into service. Respondents directed to allow transfer to sever local contact.

Mahesh Ch. Nath Vs the State of Assam and 2 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010165922022

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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)/5460/2022

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MAHESH CH. NATH S/O LATE RAMPAD NATH, VILL.- MORIKALONG SEOUJ NAGAR, P.S.- NAGAON SADAR, DIST.- NAGAON, ASSAM, PIN- 787001.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPTT., DISPUR, ASSAM, GUWAHATI781006.

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI- 781037.

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3:THE DIVISIONAL FOREST OFFICER NAGAON SOUTH DIVISION HOJAI ASSAM PIN- 782435

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Advocate for the Petitioner : MR. A M AHMED

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Advocate for the Respondent : SC, FOREST

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 02-09-2022

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Heard Mr. A.M. Ahmed, learned counsel for the petitioner, who submits that the petitioner, who is working as Deputy Ranger in the office of the Divisional Forest Officer, Nagaon South Division, Hojai, was placed under suspension vide impugned Order dated 15.04.2022.

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2. The petitioner’s counsel submits that till date, no Departmental Proceeding has been initiated against the petitioner and neither has any Charge-sheet been filed in respect of Hojai P.S. Case No. 146/2022, which was registered on 04.04.2022. He accordingly submits that in terms of the judgment of the Apex Court in Ajay Kumar Choudhury Vs. Union of India and Another, reported in (2015) 7 SCC 291, the suspension order should be set aside and the petitioner should be re-instated into service.

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3. Mr. B. Choudhury, learned counsel appearing for all the respondents submits that no Departmental Proceeding has been initiated against the petitioner and neither has any Charge-sheet been filed in the criminal case. Further, there has been no review of the suspension order by the State respondents till date.

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4. In view of the decision of the Apex Court in the case of Ajay Kumar Choudhury (supra), which states that the currency of a suspension order should not be extended beyond 3 (three) months, if within this period the memorandum of charges/charge-sheet is not served on the delinquent

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Page No.# 3/3

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officer/employee and if the memorandum of charges/charge-sheet is served, a reasoned order must be passed for the extension of the suspension order, this Court finds that the suspension order cannot be extended beyond the 3 (three) months period stipulated in the above judgment, as no Departmental Proceeding has been initiated till date. Further, no charge-sheet has been filed in a criminal case and no review of the suspension order has taken place.

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5. In that view of the matter, the impugned suspension order dated 15.04.2022 is hereby set aside.

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6. The respondents are directed to re-instate the petitioner into service. However, the Government is free to transfer the petitioner to any of its offices within the State, so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation conducted against him.

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7. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Mahesh Ch. Nath v. the State of Assam and 2 Ors.

Case brief

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Mahesh Ch. Nath v. the State of Assam and 2 Ors.

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