ATFUR RAHMAN vs THE STATE OF ASSAM

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N. KOTISWAR SINGH, J
ATFUR RAHMAN – Appellant
Versus
THE STATE OF ASSAM – Respondent

Advocates:
For the Appellants/Petitioners: MR. SK N MOHAMMAD, MR. A D CHOUDHURY, MRS. S BORPATRA GOHAIN
For the Respondents: MR. D NATH(GA, ASSAM), MR. S BISWAS(SC FOREST)

Table of Content
1. suspension process initiation based on arrest. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. validity of suspension without timely review. (Para 7 , 8 , 10 , 12 , 14 , 16)
3. need for statutorily defined review timelines. (Para 9 , 11 , 15 , 18 , 19 , 22 , 23 , 28)
4. equal treatment of suspended employees regardless of suspension rule. (Para 50 , 53 , 59)
5. petitioners entitled to reinstatement due to procedural violations. (Para 106 , 107)

JUDGMENT

Date : 15-03-2019

Heard Mr. A. D. Choudhury, learned counsel for the petitioner in WP(C) 8695/2018, Ms. S. Borpatra Gohain, learned counsel for the petitioner in WP(C) 711/2019, and Mr. SK. S.

N. Mohammad, learned counsel for the petitioner in WP(C) 6842/2018.

2) These three petitions have been clubbed together in view of the common issues raised about the validity of continued suspension of the petitioners.

3) The petitioner in WP (C) 6842/2018, Sri Atfur Rahman, was placed under suspension vide order dated 26.06.2018, by stating that he was arrested on 24.05.2018 and detained in police custody and accordingly, he shall be deemed to have been suspended from the date of detention, i.e., 24.05.2018 under Rule 6 (2) of the Assam Services (Di

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N. KOTISWAR SINGH, JATFUR RAHMAN – AppellantVersusTHE STATE OF ASSAM – Respondent

N. KOTISWAR SINGH, J
ATFUR RAHMAN – Appellant
Versus
THE STATE OF ASSAM – Respondent