GAHC010057822024 2025:GAU-AS:16982

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1590/2024

AJAY KUMAR HANDIQUE @ AJAY KR HANDIQUE

SON OF DINA NATH HANDIQUE, RESIDENT OF AZARA JIGORIPARA VIP

NEAR ARCHITECTURE COLLEGE, DISTRICT- KAMRUP, PIN- 781015,

ASSAM VERSUS

THE STATE OF ASSAM AND 3 ORS

TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE HOME AND POLITICAL DEPARTMENT GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-

6, ASSAM

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM

HOME (A) DEPARTMENT

DISPUR

GUWAHATI-6

ASSAM

3:INSPECTOR GENERAL OF POLICE (ADMN)

GUWAHATI ASSAM- 07

4:DIRECTOR GENERAL OF POLICE

GOVERNMENT OF ASSAM

ULUBARI

GUWAHATI-7

ASSA

Advocate for the Petitioner : MR I RAFIQUE, MS. R. R. SAIKIA,MRS S A CHOUDHURY,MS A

AFREEN

Advocate for the Respondent : GA, ASSAM,

Linked Case : WP(C)/4819/2024 AJAY KUMAR HANDIQUE @ AJAY KR HANDIQUE S/O DINA NATH HANDIQUE RESIDENT OF AZARA JIGORIPARA VIP NEAR ARCHITECTURE COLLEGE DIST KAMRUP ASSAM 781015 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF HOME AND POLITICAL DEPT. GOVT. OF ASSAM. DISPUR GUWAHATI 06 ASSAM

2:THE SECRETARY TO THE GOVT. OF ASSAM HOME (A) DEPARTMENT DISPUR GUWAHATI 006 ASSAM

3:INSPECTOR GENERAL OF POLICE (ADMN)

GUWAHATI ASSAM 07

4:DIRECTOR GENERAL OF POLICE GOVT. OF ASSAM ULUBARI GUWAHATI 07 ASSAM CUM DISCIPLINARY AUTHORITY ------------

Advocate for : MR I RAFIQUE Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS :::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : 04.12.2025 Date of pronouncement of judgment : 09.12.2025 Whether the pronouncement is of the operative of the judgment? : No Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (CAV)

Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mr. C.

K. S. Baruah, learned Government Advocate for the State respondent.

2. Challenges made in these writ petitions are to the order dated 06.09.2024, passed by the Director General of Police, Assam whereby, a fresh/de novo enquiry has been directed to be conducted while rejecting the findings of the enquiry officer dated 22.08.2025 against the petitioner, and the suspension order dated 13.12.2023, whereby, the petitioner was placed under suspension for following his arrest in connection with ACB P.S. Case No. 103/2023, under Section 7 (a) of the Prevention of Corruption Act, 1988.

3. The petitioner is an Inspector (UB) of Police under Assam Police. While working as Officer-In-Charge of Dhula Police Station, Darrang District, Assam, the petitioner has been subjected to departmental proceedings in connection with ACB P.S. Case No. 103/2023, under Section 7(a) of the Prevention of Corruption Act, 1988. The petitioner, along with one Muktar Hussain, was arrested on 13.11.2023 on the basis of the F.I.R. lodged on 29.11.2023 by one Shri Rafik Ali before the Officer-In-Charge ACB Police Station, Assam cum Superintendent of Police, Directorate of Vigilance and Anti-Corruption, alleging demanding of Rs. 3,20,000/- as bribe from the complainant. The petitioner was arrested by Trap Team of the Directorate of Vigilance and Anti-Corruption, Assam.

4. In WP(C) No. 4819/2024, the petitioner has challenged the order dated 06.09.2024, passed by the Director General of Police, Assam, whereby a fresh/de novo enquiry was directed to be conducted after rejecting the findings of the enquiry officer where the charges of serious misconduct and dereliction of duty against the petitioner were not proved on the ground that the petitioner was apprehended by Trap Team of Directorate of Vigilance and Anti-Corruption, for demanding bribe and accepting it through middleman one Shri Muktar Hussain. While in WP(C) No. 1590/2024, the petitioner challenges the suspension order dated 13.12.2023 and it’s prolong continuation.

5. Mr. I. Rafique, learned counsel for the petitioner, submits that the impugned order dated 06.09.2024 directing a de-novo/fresh enquiry has been passed so