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2019 Supreme(Gau) 1182

N.KOTISWAR SINGH
Atfur Rahman – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sk N. Mohammad
For the Respondents: Mr. D. Nath

JUDGMENT :

1. Heard Mr. A.D. Choudhury, learned counsel for the petitioner in WP(C) No. 8695/2018, Ms. S. Borpatra Gohain, learned counsel for the petitioner in WP(C) 711/2019, and Mr. SK. S.N. Mohammad, learned counsel for the petitioner in WP(C) 6842/2018.

2. These three petitions have been clubbed together in view of the common issues raised about the validity of continued suspension of the petitioners.

3. The petitioner in WP(C) No. 6842/2018, Sri Atfur Rahman, was placed under suspension vide order dated 26.6.2018, by stating that he was arrested on 24.5.2018 and detained in police custody and accordingly, he shall be deemed to have been suspended from the date of detention, i.e., 24.5.2018 under rule 6(2) of the Assam Services (Discipline and Appeal) Rules, 1964.

4. In WP(C) No. 8695/2018, the petitioner, Sri Dhiraj Kumar Das, Forest Grade-I was placed under suspension vide order dated 12.9.2018 pending drawal of departmental proceeding or criminal proceeding by the competent authority or both with immediate effect from the date of his arrest on 11.9.2018 until further orders.

5. In WP(C) No. 711/2019, the petitioner, Sri Manas Kamal Gogoi (U.D.A), Auditor, Tengakhata Rural Roads

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