ORDER

13-02-2019 Heard Mr. Santanu Nandan Tamuli, learned counsel for the petitioner Mr. Dipankar Nath, learned Additional Senior Government Advocate, Assam for the respondent No. 1. Also heard Mrs. Rita Boro Bora, learned Standing counsel, BTC, for the respondent Nos. 2 to 4.

The petitioner is a Lat Mandal of Lot No. 7 in the establishment of the Circle Officer, Harisinga Revenue Circle, Tangla in the Udalguri District.

One Uzzal Baidya as an informant lodged an FIR against the petitioner before the officer-in-Charge of Tangla Police Station alleging that he demanded bribe from the said informant for mutation of a plot of land, which was accordingly registered as Tangla Police Station Case No. 106/20018 under Sections 409/420 IPC read with Sections 7/13 (1)(d) of the Prevention of Corruption Act, 1988, corresponding to GR No. 635/2018. Petitioner obtained pre arrest bail in said Tangla PS Case No. 106/20018 from this Court on 25.09.2018 in AB No. 2180/2018.

The Director, Land Records & Surveys, BTC, Kokrajhar, respondent No. 3 by Order No.

BTC/DLR-226/Pt./2015/55 dated 30.06.2018 (Annexure-3) placed the petitioner under suspension under Rule 6 (1)(a) of the Assam Services (Discipline and Appeal) Rules, 1964 with immediate effect, allowing him to draw 50% subsistence allowance intimating him that his Head Quarter will be the Office of the Circle Officer, Harisinga Revenue Circle, Tangla.

By the said Order the respondent No. 3, Director of Land Records and Surveys, BTC, Kokrajhar appointed one Officer as Inquiry Officer and another as Presenting Officer to conduct the departmental proceeding against the petitioner, directing the said Inquiry Officer to submit the inquiry report to him, i.e., the said respondent No. 3.

Said Uzzal Baidya, informant of Tangla PS Case No. 106/20018, wherein the petitioner has been made an accused, by swearing an affidavit before the Notary at Udalguri on 22.08.2019 stated that he does not want to proceed further with the said case against the petitioner and that he has no objection, if the petitioner is acquitted from all the charges.

Petitioner’s contention herein is that though the Director, Land Records & Surveys, BTC, Kokrajhar, respondent No. 3, the concerned Disciplinary Authority by Order dated 30.06.2018 (Annexure-3) placed the petitioner under suspension under Rule 6 (1)(a) of said 1964 Rules and also appointed Inquiry Officer as well as Presenting Officer, but till date the said Disciplinary Authority neither issued any charge memo/show cause notice to him nor reviewed his decision regarding suspension of the petitioner issued vide Order dated

30.06.2018, within 90 (ninety) days from the date of its issuance, as required.

It is submitted by the petitioner that he approached the authority concerned on number of times praying for his reinstatement in service, but they did not pay any heed to it.

Hence this writ petition by the petitioner praying for setting aside the impugned order of his suspension dated 30.06.2018 (Annexure-3) and for a direction to the respondents to re-instate him in service immediately with his all back wages w.e.f. 30.09.2018.

In support of his claim Mr. Tamuli, learned counsel for the petitioner placed reliance on the judgment of the Hon’ble Apex Court in the case of Ajay Kumar Choudhary Vs. Union Of India, reported in (2015) 7 SCC 291 as well as the relevant provisions of the Assam Services (Discipline and Appeal) Rules, 1964 and the Manual for Disciplinary Proceeding of the Government of Assam and submitted that the impugned order of suspension of the petitioner dated 30.06.2018 needs to be set aside and quashed and the petitioner should be reinstated in service forthwith.

On being enquired by the Court, Mrs. R.B. Bora, learned Standing counsel BTC for the respondent Nos. 2 to 4 on instruction that she received from the Director, Land Records & Surveys, BTC, Kokrajhar, respondent No. 3 vide communication No. BTC/DLR.226/Pt/2015 dated 12.02.2020 placed before the Court that sinc