GUWAHATI: Setting aside the suspension order of one Bina Babu Singha, an assistant planning officer (APO) who used to be arrested on fees of graft in 2016, the Gauhati top court docket has asked the state government to reinstate him.
No chargesheet used to be filed within the case even after the reputable's arrest over a 12 months ago. The departmental enquiry into the case has also not been concluded but both.
On August 12, 2016, the anti-corruption branch of police, in pursuance of an FIR, arrested Singha on fees of abusing his place as a public servant to procure pecuniary benefits and practising corruption. Following his arrest, Singha used to be underneath judicial custody until being released on bail later.
Advocate Bishwajyoti Purkayastha, the counsel of the petitioner Bina Babu Singha, stated, "Due to being arrested and being detained in custody for more than 36 hours, he was placed under suspension from service. But even after more than one year, police have not filed chargesheet in the case, and neither has the departmental probe concluded."
He added that a committee used to be shaped in December 2017 to check the suspension order of the petitioner and as per the advice of the committee, the period of suspension order used to be extended through three months.
"The suspension order has expired in March this year and no extension of the period of suspension was ordered thereafter. Since the period of suspension order has not been extended, Singha's suspension cannot be sustained any longer in view of the law settled by the Supreme Court. Therefore, the suspension order has been quashed and set aside and the respondents have been directed to re-instate the petitioner to his post," Purkayastha added.
However, in its order, the top court docket has directed the state government to transfer the reputable from his old place of job if the government feel that the presence of the petitioner in the same place of job as earlier than might vitiate the investigation and the continued departmental enquiry until the probes are completed.
No chargesheet used to be filed within the case even after the reputable's arrest over a 12 months ago. The departmental enquiry into the case has also not been concluded but both.
On August 12, 2016, the anti-corruption branch of police, in pursuance of an FIR, arrested Singha on fees of abusing his place as a public servant to procure pecuniary benefits and practising corruption. Following his arrest, Singha used to be underneath judicial custody until being released on bail later.
Advocate Bishwajyoti Purkayastha, the counsel of the petitioner Bina Babu Singha, stated, "Due to being arrested and being detained in custody for more than 36 hours, he was placed under suspension from service. But even after more than one year, police have not filed chargesheet in the case, and neither has the departmental probe concluded."
He added that a committee used to be shaped in December 2017 to check the suspension order of the petitioner and as per the advice of the committee, the period of suspension order used to be extended through three months.
"The suspension order has expired in March this year and no extension of the period of suspension was ordered thereafter. Since the period of suspension order has not been extended, Singha's suspension cannot be sustained any longer in view of the law settled by the Supreme Court. Therefore, the suspension order has been quashed and set aside and the respondents have been directed to re-instate the petitioner to his post," Purkayastha added.
However, in its order, the top court docket has directed the state government to transfer the reputable from his old place of job if the government feel that the presence of the petitioner in the same place of job as earlier than might vitiate the investigation and the continued departmental enquiry until the probes are completed.
HC directs govt to reinstate suspended planning official
![HC directs govt to reinstate suspended planning official]()
Reviewed by Kailash
on
May 07, 2018
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