Disposed

Prasanta Das v. the State of Assam and 3 Ors.

Gauhati HC4 Apr 2024WP(C)/1023/2024

Case brief

AI extract

What is this about?

A contractual Community Health Officer arrested on criminal charges and later released on bail was not allowed to resume duty or paid salary despite no suspension order. The High Court directed the Mission Director, NHM Assam to consider his pending representation within three weeks.

What did the court decide?

Direction to respondent No. 2 to dispose of the petitioner's representation dated 04.01.2024 in accordance with law within three weeks.

Prasanta Das Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010034152024

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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)/1023/2024

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PRASANTA DAS S/O LATE AJIT DAS,

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VILL.- ROHA GAON, P.O.- RAHA, P.S.- RAHA, DIST.- NAGAON, ASSAM, PIN782103.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT. DISPUR, GUWAHATI- 6.

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2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX SREENAGAR PATH CHRISTIAON BASTI G.S. ROAD GUWAHATI- 781005.

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3:THE EXECUTIVE DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX SREENAGAR PATH CHRISTIAN BASTI G.S. ROAD GUWAHATI- 781005.

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4:THE JOINT DIRECTOR OF HEALTH SERVICES CUM MEMBER SECRETARY DISTRICT HEALTH SOCIETY NAGAON

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Page No.# 2/3

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DIST.- NAGAON ASSAM PIN- 78

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Advocate for the Petitioner : MR. A M S MAZUMDER

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Advocate for the Respondent : SC, HEALTH

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 05-04-2024

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Heard Mr. A.M.S. Mazumder, learned counsel for the petitioner.

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Also heard Mr. G. Gogoi, learned Standing counsel, Health Department, for all the respondents.

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While the petitioner was serving as Community Health Officer on contractual basis under the National Health Mission, Assam at Jukuta Health and Wellness Center under Barapujia BPHC (Block Primary Health Care) in the district of Nagaon, he was arrested on 22.09.2023 by Kachua Police Station in connection with Kachua P.S. Case No.126/2023 under Section 354/354(A)/354(B)/376/376(2)(e) /511 of the IPC. The petitioner was released on bail on 07.11.2023. Thereafter, the petitioner made an application on 17.11.2023 before the Joint Director of Health Services, Nagaon (Assam) requesting for permitting him to resume his duty. The said application was forwarded to the Managing Director, NHA for doing the needful. Thereafter, the petitioner made another application before the Mission Director, NHM, Assam on 04.01.2024 praying for permission to resume his duties. It is the case of the petitioner that he has not been placed under suspension and therefore, not allowing him to resume duty despite being released on bail as well as not being

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paid his salary is illegal.

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After hearing the learned counsel for the parties and on consideration of the materials available on record, it is seen that the representation dated 04.01.2024 made by the petitioner to the Mission Director, NHM, Assam / respondent No. 2, is still pending for disposal. Accordingly, this writ petition is disposed of directing the respondent No. 2 / Mission Director, NHM, Assam to consider and dispose of the representation dated 04.01.2024 made by the petitioner, in accordance with law, within a period of 3 (three) weeks from the date of receipt of the certified copy of this order.

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With the above observations and directions, the instant Writ Petition is disposed of.

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Comparing Assistant

Prasanta Das v. the State of Assam and 3 Ors.

Case brief

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Prasanta Das v. the State of Assam and 3 Ors.

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