A K ADHYAPOK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard K. N. Choudhury, learned Senior counsel assisted by Mr. N. Barman, learned counsel for the petitioner and Mr. D. Saikia, learned Senior counsel and Senior Standing counsel for the Health and Family Welfare Department assisted by Mr. D. P. Borah, learned Standing counsel, Health and Family Welfare Department for the State respondent Nos. 1 to 3.

(2.) Petitioner, namely, Dr. A. K. Adhyapok, Professor, Department of Oral and Maxillofacial Surgery of Regional Dental College, Guwahati was promoted to the post of Principal of the said College vide Notification dated 16.05.2013. While serving in the said capacity, by Notification dated 05.01.2018 (Annexure-II) the petitioner was placed under suspension. On 11.04.2018 the authorities in the Health and Family Welfare Department of the State under the provisions of the Rule 9 of the Assam Service (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India issued show cause notice to the petitioner along with the statement of charges/allegation, list of documents and witnesses asking him as to why penalties prescribed in Rule 7 of said 1964 Rules should not be inflicted upon him and, directing him to submit his reply within 10 (ten) days from the receipt of the same. The petitioner wanted to inspect certain documents in terms of said show-cause notice dated 11.04.2018 and for that purpose he filed an application on 14.04.2018 before the authority concerned. As petitioner's suspension order dated 05.01.2018 was not reviewed within 90 (ninety) days and show-cause notice was issued to him on 11.04.2018, after 90 (ninety) days of his suspension, he preferred WP(C) No. 2863/2018 and also filed an application on 02.05.2018 before the authority of the Health and Family Welfare Department of the State for revocation of his suspension order. By Notification dated 08.05.2018 the respondent Health and Family Welfare Department decided to continue with the suspension of the petitioner until further order. Said decision dated 08.05.2018 was challenged by the petitioner in WP(C) No. 3038/2018.

(3.) Both the writ petitions WP(C) No. 2863/2018 and WP(C) No. 3038/2018 were disposed off by a common judgment and order dated 26.09.2018 setting aside the suspension order of the petitioner dated 05.01.2018 as well as the Notification dated 08.05.2018, whereby the authority concerned decided to continue with the suspension of the petitioner, both issued by the respondent Health and Family Welfare Department being not sustainable in the eye of law. Accordingly, the said respondent was directed to reinstate the petitioner in service with immediate effect.