Page No.# 1/7 GAHC010186692026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4777/2026 SUFIA BEGUM MAZARBHUIYA W/O.FORASH UDDIN LASKAR, R/O.WARD NO.4,HAILAKANDI TOWN DIST.HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT,DISPUR ,GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36 4:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI 5:THE SUPERINTENDENT S K ROY CIVIL HOSPITAL HAILAKAND Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SC, HEALTH AND F W, SC, FINANCE Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 09.09.2026 Heard Mr. J Laskar, Learned Counsel for the Petitioner. Also heard Ms. D Borah, Learned Standing Counsel, Dept. of H&FW, Assam, appearing for the Respondents. 2. As consented to by the Learned Counsel for the Parties, the present Writ Petition is taken up for final consideration and is being disposed of by the present order. 3. The Petitioner in the present Writ Petition has presented a challenge to an order dated 01.09.2015, issued towards placing her under suspension. The Petitioner has further prayed that the Petitioner being acquitted in the criminal proceedings instituted against her, she is now entitled to be reinstated in her services. 4. The facts in brief requisite for adjudication of the issues arising in the present Writ Petition is noticed as under ; The Petitioner was initially appointed as an Auxiliary Nurse cum Midwife, (ANM) on 18.02.1993. The Petitioner, while posted at SK Roy Civil Hospital, as an ANM, on attachment, an FIR was lodged against the Petitioner and 2 (two) others, wherein, it was alleged that the Petitioner had misappropriated amounts under the MAMONI Scheme and accordingly, the Petitioner was placed under suspension by the Page No.# 3/7 Joint Director of Health Services, Hailakandi, Assam. The Police, on completion of the application on investigation in Hailakandi P.S Case No. 421/2015, had laid a charge-sheet against the Petitioner and 2 (two) others, in GR Case No. 1154/2015, before the Court of learned Civil Judge, Junior Division No. 1 cum J.M.F.C, Hailakandi. The learned Trial Court, upon conclusion of the trial in the said matter, proceeded, vide judgment and order dated 07.03.2025, on appreciating the evidences coming on record, to acquit the Petitioner from the charges framed against her in the said proceedings. The other co-accused, were also acquitted from the charges framed against them in the said criminal proceedings. The Petitioner, on being acquitted from the charges framed against her in the said criminal proceedings, had approached the Joint Director of Health Services, Hailakandi, vide a representation dated 30.06.2025, praying for reinstatement in service. The Petitioner, not being reinstated in her services and being still continued under suspension, the Petitioner has instituted the present Writ Petition. 5. Mr. J Laskar, Learned Counsel for the Petitioner has submitted that in pursuance to being placed under suspension, vide the order dated 01.09.2015, no departmental proceeding was instituted against the Petitioner. He submits that the Petitioner having been acquitted in the criminal proceedings instituted against her, she is now entitled to be reinstated in her services. Mr. J Laskar, Learned Counsel for the Petitioner submits that one of the co-accused Smt. Sarbani Bhattacharjee, on Page No.# 4/7 being acquitted from the criminal charges framed against her, had approached this Court by way of instituting a Writ Petition being WP(C) No. 1363/2026 and this Court, vide order dated 27.04.2026, had directed the Respondent authorities to consider the case of the Petitioner, therein, and to issue necessary orders towards revoking the suspension orders and for reinstating her in her services. He submits that the Petitioner, herein, being similarly placed as the Petitioner in WP(C) No. 1363/2026, the Petitioner is also entitled for a direction for reinstatement in her services. 6. Ms. D Borah, Learned Standing Counsel, H&FW, Assam, has submitted that the Joint Director of Health Services, Hailakandi, Assam, has already taken up the matter of reinstatement of the Petitioner in her services, with the Director of Health Services, Assam, and orders, in this connection, would be passed shortly. 7. I have heard the Learned Counsel for the Parties and perused the materials available on record. 8. The Petitioner was placed under suspension, vide an order dated 01.09.2015, in pursuance to institution of Hailakandi P.S Case No. 421/2015 against her. As noticed, hereinabove, the Police, on conclusion of investigation in Hailakandi P.S Case No. 421/2015, had laid a charge-sheet against the Petitioner and 2 (Two) others, including Smt. Sarbani Bhattacharjee. The learned Trial Court, on conclusion of the trial, considering the evidence coming on record, had proceeded, vide Page No.# 5/7 judgment dated 07.03.2025, to acquit the Petitioner and the other 2 (two) co- accused, from the charges framed against them in the said criminal proceedings. 9. From the submissions made by the Learned Counsel for the Parties, it is found that after being placed under suspension, vide the communication dated 01.09.2015, no departmental proceeding was instituted against the Petitioner. Accordingly, the Petitioner was continued under suspension, only on account of the pendency of the criminal proceedings, which had originated from the institution of Hailakandi P.S Case No. 421/2015. 10. The Petitioner, now having been acquitted from the charges framed against her, in the criminal proceedings, this Court is of the considered view that the suspension of the Petitioner is not justified and accordingly, the Petitioner is entitled to be reinstated in her services. 11. In so far as the co-accused Smt. Sarbani Bhattacharjee is concerned, in pursuance to the directions passed by this Court, vide order dated 27.04.2026 in WP(C) No. 1363/2026, the Respondents, vide an order dated 24.05.2026, have already reinstated Smt. Shrabani Bhattacharjee, ANM, in her services. 12. Accordingly, in view of the above discussion, this Court finds that the suspension of the Petitioner to be not mandated to be continued any further and accordingly, the Respondents are directed to pass appropriate orders towards reinstating the Petitioner in her services. Page No.# 6/7 13. No departmental proceeding having been instituted against the Petitioner for the last around 11 (Eleven) years, this Court, in view of the findings recorded by the learned Trial Court, vide judgment and order dated 07.03.2025, is of the considered view that further institution of departmental proceedings, in view of the delay occasioning in institution of the same, may not be permissible. 14. Accordingly, the period of suspension of the Petitioner is directed to be regularized as on duty and the salaries of the Petitioner, for the period she was placed under suspension, to be computed and released to the Petitioner, after deducting the subsistence allowance already drawn by her in the matter. 15. In terms of the directions passed, therein, the Director of Health Services, Assam, shall pass consequential orders towards reinstating the Petitioner in her services, within the period of 1 (One) week from the date of receipt of a certified copy of this order. The arrear of salaries now receivable by the Petitioner after deducting the subsistence allowance already drawn by her, shall be released to the Petitioner within a period of 2 (two) months from the date of receipt of a certified copy of this order. 16. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Page No.# 7/7 Comparing Assistant