Manojit Bhuyan, J.

1. All the three writ petitions being laid on the same premises, the same are heard and disposed of by this common judgment and order. Challenge made are to the individual orders of suspension, all dated 10.09.2016. The writ petitioners are employed as District Transport Officers (DTO) under the establishment of the Transport Department, Government of Assam. The petitioner in WP(C) 5568/2016 is posted at Karbi Anglong District whereas the petitioner in WP(C) 5569/2016 is posted at Tinsukia District and the petitioner in WP(C) 5725/2016 is serving at Srirampur M.V. Check Gate in the District of Kokrajhar.

2. Save some variations in the individual orders of suspension, the imputations made are common to all. For ready reference, the relevant extracts of the said three orders of suspension are reproduced hereunder:

(i) WP (C) 5568/2016:

"ORDER

Syed Alam, District Transport Officer and Secretary, Regional Transport Authority, Karbi-Anglong District is placed under suspension for dereliction of duty, disobedience and adoption of malpractice in carrying out assigned duties.

This will come into effect immediately.

The Commissioner of Transport, Assam will enquire into the matter and submit report within 15 days.

Sd/ (A. Agnihotri, IAS)

Commissioner & Secretary

Transport Department, Dispur

Memo No. TMV/205/2005/I

Dated 10th September'2016"

(ii) WP(C) 5569/2016:

"ORDER

Sri Nripen Kalita, District Transport Officer and Secretary , Regional Transport Authority, Tinsukia District is placed under suspension for dereliction of duty, disobedience and adoption of malpractice in carrying out assigned duties.

This will come into effect immediately.

Shri Maniruddin Ahmed, Motor Vehicle Inspector, Tinsukia District is allowed to hold the post of District Transport Officer and Secretary, Regional Transport Authority, Tinsukia temporarily until further order.

The Commissioner of Transport, Assam will enquire into the matter and submit report within 15 days.

Sd/ (A. Agnihotri, IAS)

Commissioner & Secretary

Transport Department, Dispur

Memo No. TMV/205/2005/II

Dated 10th September'2016"

(iii) WP (C) 5725/2016.

"ORDER

Shri Asgar Ali Ahmed, Enforcement Inspector and in charge of Srirampur M.V. Check Gate is placed under suspension for dereliction of duty, disobedience and adoption of malpractice in carrying out assigned duties.

This will come into effect immediately.

Sd/ Illegible

Commissioner & Secretary

Transport Department, Dispur

Memo No. TMV/205/2005/V

Dated 10th September'2016"

3. Before adverting to the facts of the cases, the position as obtaining today is that this Court while issuing notice have also stayed the operation of the orders of suspension. This is how the Interlocutory Applications i.e. IA 1875/2016 in WP(C) 5568/2016 and IA 1865/2016 in WP(C) 5569/2016 came to be filed by the State respondents seeking modification and/or for vacating the interim orders. On record, no Interlocutory Application has been filed in WP(C) 5725/2016.

4. Facts to be noticed is that a W.T. Message dated 07.09.2016 was addressed to all the Assistant Commissioners of Transport, the District Transport Officers and those In-charge of Motor Vehicle Check Gates in the State of Assam for their attendance in a meeting scheduled on 10.09.2016 at the Assam Administrative Staff College, Khanapara, Guwahati. The Agenda for discussion in the meeting were as follows:

"Points to be discussed in the District Transport Officers' Conference to be held on 10/09/2016 in the Room No. 309 at the Assam Administrative Staff College from 9.00 AM onwards

1	Collection of Revenue
	Issue of Demand Notices.
2	Status of Computerization
	(Vahan, Sarathi, Connectivity issues, AMTRON & BSNL related issue).
	Ease of transaction pertaining to Driving Licence and Registration Certificate for general public-Simplification of procedur