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2024 Supreme(Gau) 1130

ARUN DEV CHOUDHURY
Chow Pintika Mannow, S/o. Late Chow Longni Mannow – Appellant
Versus
State of A. P. , Through the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar – Respondent


Advocates Appeared:
For the Petitioner: Debo Kumar Deori.
For the Respondent: GA (AP)., Mr. T. Tagum, Standing Counsel, Education Deptt.

JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. D.K. Deori, learned counsel for the petitioner. Also heard Mr. T. Tagum, learned Standing Counsel for the Education Department, appearing for the respondents.

2. The case projected by the Petitioner in a nutshell is that while he was serving as Peon in Government Higher Secondary School, Namsai, District Namsai, Arunachal Pradesh, was placed under suspension vide the impugned Suspension Order dated 08.12.2021 passed by the Director Elementary Education, with effect from 20.10.2021, as the petitioner was detained in custody for a period exceeding 48 hours after the petitioner was arrested by Namsai Police on executing the Non Bailable Warrant of Arrest issued by the learned Court of Judicial Magistrate First Class cum District & Sessions Judge, Tezu, Lohit District, Arunachal Pradesh in connection with Complaint Case No. 02(L)/2021 initiated under Section 138 of the Negotiable Instrument Act, 1881.

3. Since he was put behind custody beyond 48 hours, the Director, Elementary Education, put him under suspension vide order dated 08.12.2021 with effect from the date of arrest, in exercise of power under Rule 10 (2) of the Central Civil Services

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