Gauhati HC dismisses govt's appeal, stays suspension of accused in APSC scam

Guwahati, Feb 22: A division bench of Gauhati High Court has dismissed a writ appeal filed by the state government against an order of a single bench that stayed the suspension of an accused in the Assam Public Service Commission (APSC) cash-for-job scam.

The government had challenged the single-judge bench order of December 6, which stayed the suspension of Inspector of Taxes Priyanka Deka. Deka was represented in the court by senior advocate A. Chowdhury.

The single-judge bench had stayed the suspension of Deka, noting that the "document (report of one-man commission of inquiry of Justice BK Sharma) relied upon by the disciplinary authority is not provided to her."

Continuation of disciplinary proceedings in the absence of a copy thereof being provided to the respondent would be a travesty of justice and violative of the rules of natural justice, a division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi said. Moreover, no affidavit-in-opposition was filed by the state counsels despite reasonable time granted through five separate orders since November last year.

"The order passed by the learned single judge does not suffer from any perversity or error apparent on the face of the record. It cannot be held that the discretion available to the learned single judge was not properly exercised. Moreover, in the absence of any affidavit-in-opposition being filed before the learned Single Judge, in spite of sufficient time being granted, this Court would exercise self-restraint in this case in entertaining this IntraCourt appeal," the division bench said, dismissing the appeal, mentioning that compliance with the provisions of the Commissions of Inquiry Act, 1952, can also be demonstrated before the Single Judge.

By

Staff Reporter