Point of Law: When an administrative decision is illogical or suffers from procedural impropriety or it shocks conscious of Court in a sense that it is in defiance of logic or moral standards, power of judicial review can be exercised.

JUDGMENT :

Heard Mr. K.N. Choudhury, the learned Senior counsel assisted by Mr. J. Patowary, the learned counsel appearing on behalf of the petitioner and Mr. Rahul Dhar, the learned Standing counsel appearing on behalf of the respondents.

2. The instant writ petition has been filed challenging the order of suspension issued vide Memo No.HMA.89/2021/50 dated 17.06.2021 and for a direction to reinstate the petitioner into regular service immediately within a such time frame as this Court may deem fit and proper.

3. The facts involved in the instant case is that the petitioner joined the Assam Police in the year 2004 as a Deputy Superintendent of Police. In the year, 2011 he was promoted to the rank of Additional Superintendent of Police. Upon his promotion, he was first posted as SSP (Border) at Silchar and thereafter transferred to Dhubri as Additional SP (HQ). It further appears from a perusal of the writ petition that the petitioner was transferred in the Rank of Additional SP from one place to another after his promotion. The last of such transfer was on 24.05.2021 when the petitioner was transferred to 16th AP(IR) Battalion Headquarter as the 2nd in Command. Vide an order bearing No.HMA.89/2021/50 dated 17.06.2021 (hereinafter referred to as the “impugned Order”), the petitioner was put under suspension in terms with Rule 6(1)(c) of the Assam Services (Discipline and Appeal) Rules, 1964 (for short “the Rules of 1964”) w.e.f. 17.06.2021.

4. At this stage, it may be relevant to state that in the impugned order, it was mentioned that there was a recommendation received from the Director of General of Police dated 22.05.2021 that the petitioner, the then Additional SP(B) Karimganj, now the 2nd in Command in the 16th AP(IR) Battalion Morigaon in connection with CID PS Case No.21/2020 registered under Sections 120B/409 IPC read with Section 66B I.T. Act added Section 201/204 IPC and Section 25(1-B) Arms Act and Section 7(1)(a)/8/12/13(1)(a)/13(2) of Prevention of Corruption Act, 2000 as amended in 2018 relating to the leakage and circulation of question papers of written examination for the post of SI(UB) of the Police prior to commencement of the examination scheduled on 20.09.2020 which is unbecoming of a Police Officer. It was therefore, on account of the said recommendation, the petitioner was put under suspension w.e.f. 17.06.2021 pending drawal of the Departmental Proceedings.

5. Before further proceedings, this Court deems it proper to refer certain details pertaining to the CID P.S. Case No.21/2020. It can be seen from the charge sheet which has been enclosed to the writ petition as Annexure-2 that the State Police Recruitment Board (hereinafter referred to as the “Board”) issued a notification dated 11.04.2018 which was followed by another notification dated 06.11.2019 whereby the advertisement was published seeking online applications from eligible candidates for 597 nos. of posts of SI(UB) in Assam Police. In response to that, 90558 candidates applied for the same. Accordingly, on 02.09.2020, the Board issued notice by fixing the date for written examination on 20.09.2020 and the date of downloading E-Admit Card was fixed w.e.f. 03.09.2020 to 16.09.2020. 66,253 candidates downloaded E-Admit cards for appearing in the written test scheduled to be held on 20.09.2020. It further appears that the question papers of the written test was printed at Arya Printing Press, Ahmedabad, Gujarat and the Board formed a District Level Selection Committee (DLSC) on 14.04.2020 with the Superintendent of Police/Commandants of the nearest APBNs of the concerned districts as the Chairman/Member of the DLSC along with one Medical Officer as Member to be nominated by the Joint Director of the concerned district for conducting smooth recruitment process. For the purpose of conducting the written test of SI(UB), a consortium of 3 (three) numbers of companies namely (i) Kerala State Electronic Development Corporation (KELTRON), (ii) Amain Tech Cons