NIPU KALITA Vs. STATE OF ASSAM
LAWS(GAU)-2021-4-26
HIGH COURT OF GAUHATI
Decided on April 22,2021

Nipu Kalita Appellant
VERSUS
STATE OF ASSAM Respondents


Referred Judgements :-

BHOWANIPORE GUJARATI EDUCATION SOCIETY AND ORS. VS. KOLKATA MUNICIPAL CORPORATION [REFERRED TO]
LALA SHRI BHAGWAN VS. RAM CHAND [REFERRED TO]
RAGHUBIR SINGH SIMRANJIT SINGH MANN VS. STATE OF BIHAR [REFERRED TO]
UNION OF INDIA VS. RAJIV KUMAR [REFERRED TO]
PHILIP JEYASINGH VS. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES CHIDAMBARANAR REGION TUTICORIN [REFERRED TO]
AJAY KUMAR CHOUDHARY VS. UNION OF INDIA (UOI) AND ORS. [REFERRED TO]
INDIAN INSTITUTE OF TECHNOLOGY VS. ALOKE KUMAR GHOSAL [REFERRED TO]


JUDGEMENT

Sanjay Kumar Medhi,J. - (1.)All these writ petitions which raise a similar issue with regard to suspension of Government servant and the need for periodic review of the same are taken up for disposal at the admission stage itself. This Court has also noted that the respondent authorities have filed their affidavit-in-opposition in few of the cases with a further submission that the stand taken in the said affidavit would also cover the rest of the other cases.
(2.)Before going to the issue which calls for determination, it would be convenient to state the facts of the cases in brief.
(3.)The petitioner in WP(C)/853/2020 Shri Nipu Kalita is a Police Officer and was posted as SI (UB) in the Dispur Police Station. Vide an order dated 09.02.2019, the petitioner was placed under suspension as he was arrested in connection with Dispur PS Case No.363/2019 under Section 392 IPC. However, the order of suspension dated 09.02.2019 does not provide that the suspension was a deemed one. On the other hand, it provides that the same was done for gross misconduct, negligence and dereliction of duties. Thereafter, the formal charges were framed vide show cause notice dated 06.04.2019 along with a statement of allegation which was replied to by the petitioner which was received on 01.05.2019.


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