State govt challenges HC stay on action against 17 APSC scam accused
On Feb 7, departmental proceedings (including suspension orders) against 17 accused officers "which were solely based on findings of the commission of inquiry" were stayed by HC.;
A file image of the Assam Public Service Commission (APSC) (AT Photo)
Guwahati, Feb 20: The state government on Wednesday challenged the Gauhati High Court stay on departmental proceedings against 17 officers accused in the APSC cash-for-job scam.
A petition to set aside the order of a single bench was filed before a division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi.
Additional Advocate General Nalin Kohli, who appeared for the state, insisted that the inquiry commission had followed Section 8 (B) and (c) of the Commission of Inquiry Act and thus prayed the bench to set aside the single bench order.
The sections pertain to the opportunity given to the accused to be heard and to produce evidence in his defence, besides giving him or her the opportunity to cross-examine witnesses.
A hearing was held by the division bench on Wednesday. However, no order was passed.
On February 7, departmental proceedings (including suspension orders) against 17 accused officers "which were solely based on findings of the commission of inquiry" were stayed by the High Court.
The accused petitioners had argued that the report of the inquiry committee was not furnished to them, nor was it tabled in the State Assembly, which is mandatory according to the Commission of Inquiry Act.
The Justice (retd) BK Sharma committee report was tabled in the State Assembly on the first day of the ongoing budget session on February 17, nearly one and a half years after it was submitted to the government by the panel.
By
Staff Reporter
