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2017 Supreme(Gau) 537

AJIT SINGH, MANOJIT BHUYAN
State of Assam, Rep. by its Secretary, Home & Political Department – Appellant
Versus
Durga Prasad Bordoloi S/o Sri Dambarudhar Sarma Bordoloi – Respondent


Advocates Appeared:
For the Appellant : Ms. R.B. Bora.
For the Respondent: Ms. M. Dev.

JUDGMENT AND ORDER :

1. This appeal is directed against the order dated 29.7.2015 passed by the learned Single Judge of this High Court, whereby he has allowed respondent’s WP (C) No. 3942 of 2015.

2. The respondent while serving as Commandant of Assam Industrial Security Force (AISF) Battalion No. 1 and In-Charge District Home Guards Commandant, Tezpur was arrested on 12.11.2012 for offences under Sections 120B/409/420/468/477 of the Indian Penal Code and Section 13(1)(a)(c)/(2) of the Prevention of Corruption Act, 1988 vide case No. 4219/2011 registered at Police Station Tezpur. The respondent was ultimately released on bail after more 1½ months. And since his arrest exceeded 48 hours, he was suspended by the Principal Secretary, Home Department vide order dated 20.11.2012 from the date of detention. This order was passed under Rule 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964. On 10.1.2013, the respondent made a representation to the Principal Secretary seeking revocation of his suspension. As no order was passed on his representation, the respondent filed WP (C) No. 7309/2013, which was disposed of vide order dated 14.02.2014 directing the Principal Secretary to






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