GAHC010189472025 2025:GAU-AS:17501

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4916/2025

SAHAB UDDIN CHOUDHURY

S/O ABDUL SUKKUR CHOUDHURY R/O HOUSE NO. 143 KATIGORAH

HARINAGAR ROAD NEAR 209 KARAIKANDI MAKTAB KARAIKANDI PART

III KATIGORA PO KATIGOARA DIST CACHAR ASSAM 788805

VERSUS

THE STATE OF ASSAM AND 6 ORS

REP BY THE COMMISSIONER AND SECRETARY HEALTH AND FAMILY

WELFARE DEPTT DISPUR GUWAHATI 6

2:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM

HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI 6

3:THE UNDIER SECRETARY

TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR

GUWAHATI 6

4:THE DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE)

ASSAM

SWASTHYA BHAWAN HENGRABARI KAMRUP METOR GUWHATI 36

5:THE DISTRICT COMMISSIONER

SRIBHUMI

ASSAM PIN 788710

6:THE ADDITIONAL DISTRICT COMMISSIONER (HEALTH)

SRIBHUMI

ASSAM PIN 788710

7:THE INTERNAL COMMITTEE

FOR SEXUAL HARASSMENT AGAINST WOMEN AT WORKPLACE OFFICE

OF THE ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER (FW)

SRIBHUMI ASSAM REP BY ITS PRESIDING OFFICE Advocate for the Petitioner : MR. M K DAS, MS Z ANJUM,A BHARADWAJ,MR N SARMA,S J DUTTA Advocate for the Respondent : SC, HEALTH, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA Date of hearing : 28.11.2025. Date on which the judgment is reserved : 28.11.2025. Date of pronouncement of judgment : 17.12.2025 Whether the pronouncement is of the operative part of the judgment : N/A.

Whether the full judgment has been Pronounced : Yes.

JUDGMENT &ORDER (CAV)

Heard Mr. M. K. Das, learned counsel appearing for the writ petitioner. Also heard Mr. D. Borah, learned Government Advocate, Assam appearing for the respondent Nos.5 and 6 and Ms. D. Bora, learned Standing Counsel, Health Department, Government of Assam.

2. The instant writ petition is filed praying for setting aside the impugned order bearing No.ECF No.635784 dated 08.04.2025 issued by the Director of Health Services (FW), Assam in pursuance to the Government letter No.ECF No.629331/264 DATD 07.07.2025, issued by the Additional Secretary to the Government of Assam, Health & Family Welfare Department, whereby the petitioner was placed under suspension from service under Rule 6(1)(a) of the Assam Services (Discipline & Appeal) Rules, 1964.

3. It is the case of the petitioner that the petitioner has been serving as a Head Assistant in the office of the Additional Chief Medical and Health Officer (FW), Sribhumi for last 40 years without any blemish from any corner and he is due to retire from service on 31.12.2026 on superannuation. It is contended by the petitioner that a complaint was lodged on 08.03.2025 by one Mrs. Madhumita Chanda, Field Worker, Urban Unit, Karimganj Civil Hospital alleging sexual harassment at workplace under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. In view of the aforesaid complaint, an Internal Committee was constituted under the aforesaid Act of 2013 which conducted an enquiry into the allegation and submitted its report on 18.03.2025 concluding that it could not be able to come to a conclusion due to lack of supporting evidence from both the parties. However, the Committee suggested for suspension of the petitioner without assigning any reason though the allegations were alleged to have been not proved. Thereafter, based on the report of Internal Committee, the Director of Health Services (FW), Assam vide order dated 08.04.2025 placed the petitioner under suspension from service by invoking the provision under Rule 6(1)(a) of the Assam Services (Discipline & Appeal) Rules, 1964 with immediate effect. It is contended by the petitioner that after putting the petitioner under suspension, the State respondents have not submitted any memorandum of charges/charge-sheet against him in spite of the lapse of three months period from the date of suspension. It is also contended that the State respondents have not reviewed the aforesaid suspension order for extension.

4. It is t