GAHC010034312023

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/924/2023

DEBOJIT SAIKIA

S/O LT. JAYKANTA SAIKIA R/O ASIDC QUARTER NO. 2 BAMUNIMAIDAM

GUWAHAI 781021 DIST. KAMRUP ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS.

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

INDUSTRY AND COMMERCE DEPTT. DISPUR GUWAHATI 781006

2:THE ASSAM SMALL INDUSTRIES

DEVELOPMENT CORPORATION LTD. REP. BY THE CHAIRMAN OF THE BOARD OF DIRECTORS OF ASIDC LTD. BAMUNIMAIDAM GUWAHATI

781021

3:THE MANAGING DIRECTOR

ASIDC LTD. BAMUNIMAIDAM GUWAHATI 781021

4:THE GENERAL MANAGER

ASIDC LTD. BAMUNIMAIDAM GUWAHATI 78102

Advocate for the Petitioner : MR. T DEURI, MR K BHATTA

Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE, SC, ASIDC

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

Date: 20/11/2025 Heard Mr. T Deuri, learned counsel for the petitioner and Mr. S Das, learned Standing Counsel, Assam Small Industries Development Corporation Limited (ASIDC) for the respondents no 2, 3 and 4 and Ms, S Baruah, learned Government Advocate, Assam, for the respondent no. 1.

2] The petitioner before this Court was employed as a Junior Engineer under the respondent no. 2. He was appointed as a Draftsman (Sub-Engineer-Civil-1) in the Assam Small Industries Development Corporation Limited (ASIDC Ltd.). The petitioner was regularised in his service with effect from 10-09-1996 and had been drawing a regular scale of pay since then. The petitioner continued in the same position till he was terminated from service. The petitioner was overlooked for promotion and his juniors were promoted, leading to lot of heartburning of the writ petitioner. Because of the stagnation that he had suffered and also the various ailments suffered by his wife, he was mentally not in the sound frame of mind. Being situated thus, on 03-11-2022, the petitioner was served with a show-cause notice and suspension order issued by the respondent no. 3 by the Notice under Ref:SIDC/HO/E/34/90/5546 dated 03-11-

2022, thereby placing the petitioner under suspension with immediate effect. It is the case of the petitioner before this Court that petitioner was not given any copy of any written complaint lodged by any person regarding any misconduct or offence allegedly committed by the petitioner. The allegation levelled against the petitioner is that on 02-11-2022 at 5 pm, the petitioner, while in an inebriated state, had fiddled with the Biometric Attendance Machine by striking a few blows on the machine and used abusive language against one Shri Priya Kumar Singha, Junior Assistant-cum-Computer Operator, in gross violation of office discipline, decorum and conduct.

3] Under such circumstances, the respondent no.3 had placed the petitioner under suspension with immediate effect on 03-11-2022 and called for explanation/reply within 2 (two) days from the petitioner as to why disciplinary action as contemplated cannot be taken against the petitioner. In his explanation submitted on 05.11.2022 the petitioner stated that he had actually slipped and fell down and in that process, the Biometric Machine was struck while the petitioner was on his way to record his attendance. Since Shri Priya Kumar Singha had asked him to vacate his position, there was some exchange of words and for which the petitioner tendered his apologies. The petitioner also expressed his regret for what had happened and also tendering apology to Shri Priya Kumar Singha for any hurt caused to him.

4] Pursuant to the receipt of reply filed by the petitioner, the Respondent no. 3 appointed the Respondent no. 4, General Manager, ASIDC Ltd., as the Enquiry Officer to enquire into the matter and submit an Enquiry Report in the departmental proceedings drawn up against the petitioner. One Md. Abdul Hamid, Assistant Manager, Construction and T.S. Division and Legal Cell was appointed as a Presenting Officer. The proceedings were initiated under the provisions of the Assam Services (Disciplin