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2023 Supreme(Gau) 530

SUMAN SHYAM
Rajat Subhra Bhattacharjee – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N. Borah, Adv.
For the Respondents: Mr. A. Chaliha, SC, Finance. Mr. R.K. Talukdar, SC, AG (A&E), Assam.

JUDGMENT :

1. Heard Mr. N. Borah, learned counsel for the writ petitioner. Also heard Mr. A. Chaliha, learned Standing Counsel, Finance Department, Assam, appearing for the respondent nos. 1 & 2 and Mr. R.K. Talukdar, learned Standing Counsel, AG(A&E), Assam, representing the respondent no. 3.

2. The writ petitioner herein, was serving as the Senior Finance & Accounts Officer in the Animal Husbandry and Veterinary Department under the Government of Assam. He was also holding the additional charge of Finance & Accounts Officer, in the Directorate of Social Welfare. The petitioner retired from service, on attaining the age of superannuation, with effect from 30/11/2021. While in service, an FIR was lodged against the petitioner, based on which, ACB PS case No. 19/2016 was registered under sections 120(B)/468/420/409 of the Indian Penal Code (IPC) read with sections 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988, on charges of corruption. The petitioner was arrested on 27/02/2017 in connection with the ACB PS case No. 19/2016. However, by order dated 29/05/2017 passed by this Court in Bail Application No. 513/2017, the petitioner was enlarged on bail. After retirement, a depar

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