JUDGMENT :

1. Heard Mr R. Sonar, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Government Advocate for the respondent No. 1, the Chief Secretary to the Government of Arunachal Pradesh, and Mr. D. Kamduk, learned Standing Counsel, Land Management Department for the respondent Nos. 2 & 3.

2. The petitioner is an Additional Chief Estimator in the Office of the Deputy Commissioner, Itanagar Capital Complex. An F.I.R dated 31.01.2020, was lodged before the Superintendent of Police, Special Investigation Cell, Itanagar, inter-alia, alleging that some officials of the Land Management Branch of the Deputy Commissioner, Itanagar, Capital Complex had issued certain overlapping Land Possession Certificates resulting in the SIC(VIG) Police Station, Itanagar Case No.20/2020, under Sections 468/420/471/120 (B) of the Indian Penal Code, read with Section 13(2) of the Prevention of Corruption Act, 1988, being registered. The petitioner was arrested on 23.06.2021, in connection with the aforesaid SIC(VIG) Police Station, Itanagar Case No.20/2020.

3. As the petitioner was under detention for a period exceeding 48 hours, he was placed under suspension as per the Office Memo No. LM/ESTT-256/S&DP/2021, dated 25.06.2021. Later on as per the order 23.08.2021, of the learned Special Judge (PCA), Yupia, the petitioner was released on bail. Admittedly, the petitioner was placed under suspension as per the provision of Rule 10 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [in short CCS (CCA) Rules]. After being released from detention, the respondent authority through the Chief Secretary to the Government of Arunachal Pradesh had passed the order dated 03.03.2022, the relevant portion of which is extracted as below:-

“WHEAREAS, vide Government Order No.LM/ESTT-256/S&DP/2021/44 dated 28.06.2021, Shri Biman Phukan, Addl. Chief Estimator, office of DC, ICR, Itanagar was placed under deemed suspension with effect from 23rd June, 2021 on account of his arrest and detention in Police custody in connection with SIC(VIG) PS Case No.20/2020 U/S 120(B)468/471/420 IPC R/W Sec.13(2) of PC Act, 1988 which has exceeded the period beyond forty-eight hours.

AND WHEREAS, the matter pertaining to his suspension was discussed and deliberated in the meeting of Suspension Review Committee headed by Secretary (Land Management) which was held on 24.02.2022.

AND WHEREAS, the Committee noted that there were very serious allegations of his involvement in the issuance of Land Possession Certificate of same plot to different individuals in the Capital Region in collusion with some private individuals with malafide intention. A case vide SIC(VIG) PS Case No.20/2020 U/S 120(B)468/471/420 IPC R/W Sec.13(2) of PC Act, has been registered against him based on enquiry report of the Enquiry Officer and it is intimated that during the course of investigation by SIC(VIG) PS Itanagar, it has been found that a total of 799 LPCs (359 in the year 2016 and 420 in the year 2019) were issued to various individuals and parties in the Itanagar Capital Region with vested interest by the said official in collusion with some private individuals which are being analyzed and investigation has been going on. Based on the information placed before the Suspension Review Committee, the Committee noted that the said official has indulged in grave misconduct, have entered into criminal conspiracy with other private persons and Government officials and have acted in a manner which is totally unbecoming of Government Servant.

AND WHEREAS, the Competent Authority after due examination of all the facts and circumstances of the case and documents placed on record has accepted the aforementioned recommendation of the Suspension Review Committee.

NOW, THEREFORE, the undersigned, in exercise of powers conferred by the Rule 10(7) of the CCS (CCA) Rules, 1965, hereby extends the Suspension of Shri Biman Phukan, Addl. Chief Estimator, Officer of DC, ICR, Itanag