JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. K. N. Choudhury, learned Senior counsel, assisted by Mr. T. Chakraborty, learned counsel, appearing on behalf of the petitioner. Also heard Mr. P. Nayak, learned standing counsel, Public Works(Roads) Department, Government of Assam, appearing on behalf of all the respondents.

2. The challenge in the present proceeding by the petitioner is to a Notification, dated 18.03.2023, issued by the Commissioner and Special Secretary to the Government of Assam, Public Works(Roads) Department, under Rule 6(1) of the Assam Services (Disciplinary & Appeal) Rules, 1964, placing the petitioner, herein, under suspension w.e.f. 18.03.2023, pending drawal of the departmental proceeding against him.

3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner while working as an Assistant Engineer (T/C), Public Works(Roads) Department, East Guwahati Territorial Road Division, basing on allegations so levelled against him of having committed procedural and financial irregularities in utilization of funds while executing the works under MPLAD fund of a Member of Parliament, Rajya Sabha, d