GANGTE CHARCHANG Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-6-121
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on June 29,2018

Gangte Charchang Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the impugned order No. DoP-71/2016, dated 13.01.2017, issued by the respondent No. 2/ the Commissioner (Printing and Stationary), Govt. of Arunachal Pradesh and to direct the respondents to release the full arrear amount of salary, allowances and all other financial benefits due to the petitioner, during the period of his suspension from service, w.e.f. 10.11.2015 to 13.01.2017.
(2.) The Director, Information, Public Relations and Printing (IPR &P), Govt. of Arunachal Pradesh, by order No. IPR (Ptg)7/2009, dated 22.08.2005, placed the petitioner, who was working as Bindery Attendant at Govt. Printing Press, under suspension for his detention in custody w.e.f. 10.08.2005, for more than 48 (forty eight) hours, in connection with Itanagar P.S. Case No. 193/2005, in terms of Sub-rule (2) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'CCS Rules'). After release on bail, the petitioner submitted petition to the authority to revoke his suspension order and allow him to join in his duty, but the Director, IPR and P, Arunachal Pradesh vide his reply, dated 21.10.2008, intimated him that the suspension order can be taken up only after disposal of the criminal case, which is pending in the Sessions Court and clearance received from the Police authority. Being aggrieved, the petitioner issued a Legal Notice, dated 19.04.2016, to the respondent No. 2/ the Commissioner (Printing and Publication), Govt. of Arunachal Pradesh and the respondent No. 3/ the Director, Department of Printing and Publication, Govt. of Arunachal Pradesh praying for the reliefs aforestated, which was not responded. Aggrieved, the petitioner moved a Writ petition, being WP No. 660 (AP)2016, challenging the legality of his suspension for an indefinite period. After receipt of notice in the said writ proceeding, the respondent No. 2 issued order No.DoP-71/2016, dated 13.01.2017, whereby the petitioner's suspension order was revoked and accordingly, reinstated in service. The aforesaid order was immediately followed by another order No. DoP-71/2016, dated 13.01.2017, intimating him that the salary for the suspension period will be decided as per the final decision of the Court in the criminal case, being Itanagar P.S. Case No.193/2005 under Sections 395/397/109/120B/121/123 IPC read with Section 25 (a) (1) /27 of the Arms Act and Section 4/5 of the Explosive Substances Act.
(3.) The petitioner has contended that even after expiry of 90 days, on 10.11.2005, the respondent authorities had kept the petitioner under suspension and deprived him of salary and other financial benefits indefinitely till date, in contravention of the CCS Rules, 1965.;


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