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MANOJIT BHUYAN
Rabin Kumar Baishya Son of Late Pratap Chandra Baishya – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.K. Goswami Senior Advocate, Mr. S.N. Sarma Senior Advocate and Mr. K. Kalita, Advocate.
For the Respondents: Mr. R.K. Bora Standing Counsel Environment & Forest Department, Government of Assam.

JUDGMENT AND ORDER :

Manojit Bhuyan, J.

Keeping in mind that a suspension order is by way of an administrative measure and cannot be construed as a punishment by any stretch of imagination in the strict legal sense, nonetheless, in a given case, the administrative action cannot stand divorced from the scrutiny of superior Courts under powers of judicial review. The scope of interference may be limited, but the order of suspension cannot per se seek shelter under a cloak of immunity. The effort would now be to ascertain whether the suspension order in question was passed mala fide and without there being any prima-facie evidence on record connecting the petitioner with the misconduct in question. Public interest, undoubtedly, assumes significance while deciding to place a Government servant under suspension and/or in his continuance in office while disciplinary proceeding is pending or is contemplated. This is the test.

2. The petitioner herein was placed under suspension by order dated 7.6.2016 (Annexure-1), issued under the hand of the Additional Secretary to the Government of Assam, Environment & Forest Department. He is the in-charge Forest Ranger, Palashbari Range, Kamrup East Div



































































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