JUDGMENT :

Heard Mr. K. N. Choudhury, the learned senior counsel assisted by Mr. J. Patowary, the learned counsel for the petitioner and Mr. H. Sarma, the learned counsel appearing on behalf of the State respondents.

2. The instant writ petition is taken up for disposal at the motion stage.

3. The instant writ petition has been filed challenging the continuation of the suspension order dated 12.03.2021 issued by the Department of Personnel (A), Government of Assam in the attending facts as narrated infra.

4. The brief fact of the instant case is that the petitioner, pursuant to a selection process, was selected for the post of Assam Land and Revenue Service (Junior Grade). Pursuant to the said selection, the Government of Assam in the Department of Personnel (A) vide a notification bearing No.AAP.3/2019-18 dated 09.01.2019 appointed the petitioner to the post of Assam Land and Revenue Service (Junior Grade). Subsequent thereto, the service of the petitioner was placed at the disposal of the Revenue and Disaster Management Department for posting as Circle Officer (Attached) vide notification No.RLR.2/2019/27 dated 24.01.2019. Pursuant thereto, on being successful in various training programmes, the petitioner was posted as Circle Officer (Attached), Margherita in the district of Tinsukia.

5. It has been alleged in the writ petition that a self-styled group in the name and style of Anti Corruption Liberation Union lodged a complaint with the authorities about the genuineness of the petitioner’s OBC caste certificate since her father belongs to general category. The matter was placed before the State Level Scrutiny Committee under WPT & BC Department to examine the genuineness of the petitioner’s OBC caste certificate dated 13.11.2006 in terms with the guidelines of the Supreme Court in the case of Kumari Madhuri Patil vs. Commissioner Tribal Development, reported in (1994) 6 SCC 241. The petitioner appeared before the State Level Scrutiny Committee in connection with the hearing regarding the veracity of her OBC certificate dated 13.11.2006. However, it has been alleged that in gross violation of the guidelines laid down by the Supreme Court in the case of Kumari Madhuri Patil (supra), the State Level Scrutiny Committee recommended the cancellation of the petitioner’s OBC certificate vide an order dated 26.02.2021. Pursuant thereto, in view of the said recommendation, the Deputy Commissioner, Jorhat vide its order dated 01.03.2021 cancelled the OBC certificate of the petitioner dated 13.11.2006. Subsequent thereto, the Secretary to the Government of Assam in the Personnel (A) issued the suspension order NO.AAP.237/2018/77 dated 12.03.2021 (herein after referred as ‘the impugned order’) whereby the petitioner was placed under suspension in view of the aforesaid recommendation of the State Level Scrutiny Committee.

6. It further appears from the records that the said order dated 26.02.2021, passed by the State Level Scrutiny Committee as well as the consequential action were put to challenge before this Court in WP(C) No.2286/2021. This Court vide an order dated 24.11.2022, set aside the order dated 26.02.2021.

7. Mr. H. Sarma, the learned counsel appearing on behalf of the State respondents submitted that the Anti Corruption Liberation Union has preferred a writ appeal before the Division Bench against the order dated 24.11.2022 passed in WP(C) No.2286/2021 which has been registered and numbered as WA No.42/2023. He, however, submitted that there is no interim order passed thereby staying the operation of the order dated 24.11.2022.

8. Pursuant thereto, it also appears that the State Government had duly accepted the order dated 24.11.2022 passed in WP(C) No.2286/2021 in as much as vide the order dated 28.12.2022, the Deputy Commissioner, Jorhat in terms with the direction passed in the order dated 24.11.2022 in WP(C) No.2286/2021 revoked the cancellation of the OBC certificate (12395) dated 13.11.2006. It was further mentioned in the sai