Page No.# 1/5 GAHC010066362026 2026:GAU-AS:13428 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1933/2026 NAGUIB KHAN S/O LATE ABDUL MATIN KHAN, R/O MUK-SOM VILLA, M.D. ROAD, P.O., P.S. AND DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPTT., ASSAM, DISPUR, GUWAHATI 06 2:THE COMMISSIONER FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY ASSAM ULUBARI GUWAHATI- 07 3:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIN- 78564 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A H M R CHOUDHURY Advocate for the Respondent : GA, ASSAM, BEFORE Page No.# 2/5 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 09-09-2026 Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A.H.M.R. Choudhury, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Sr. counsel/ Addl. Sr. Govt. Advocate, Assam assisted by Ms. D.D. Barman, learned Govt. Advocate, Assam appearing for the respondents. 2. The petitioner in the present proceeding has presented a challenge to the prolonged suspension, occasioning in his case after being placed under suspension vide a Notification dated 15-09-2025. 3. The petitioner while working as a Superintendent, Food, Public Distribution & Consumer Affairs Department, in the establishment of the District Commissioner, Sivasagar, an FIR, was lodged against the petitioner before the ACB Police Station, inter alia, alleging, therein, that the petitioner was demanding bribe for release of transportation cost, for lifting and distribution of PDS items. The said FIR was registered as ACB P.S. Case No. 50/2025, under Section 7(a) of the Prevention of Corruption Act, 1988 (as amended). The petitioner was, accordingly, arrested after a trap was laid in the matter on 10-09-2025. The petitioner, thereafter, was enlarged on bail vide an order dated 16-09-2025 passed by the learned Special Judge, Assam. The Disciplinary Authority of the petitioner, vide order dated 15-09-2025, proceeded to place the petitioner under suspension by invoking the provisions of Rule 6(2) of the Assam Services (Discipline & Appeal) Rules, 1964. Page No.# 3/5 4. The Disciplinary Authority of the petitioner, thereafter, issued to the petitioner a show cause notice dated 24-09-2025, instituting against him a departmental proceeding. The petitioner had submitted his reply to the said show-cause notice on 29-09-2025. The reply submitted by the petitioner, not being found to be satisfactory, the Disciplinary Authority of the petitioner, proceeded to direct for holding of an enquiry into the charges framed against the petitioner and for the purpose, appointed an Enquiry Officer as well as, a Presenting Officer. The enquiry proceeding are presently underway, however, the suspension of the petitioner having been prolonged, although, there was process of review undertaken in the matter, the petitioner has instituted the present writ petition. 5. Mr. H.R.A. Choudhury, learned senior counsel for the petitioner, after reiterating the facts noticed, hereinabove, has submitted that around a year had lapsed, since the date the petitioner was placed under suspension, however, the departmental proceeding instituted against the petitioner has not been concluded till date. Mr. Choudhury submits that although the respondent authorities have extended the period of suspension of the petitioner from time to time, the departmental proceeding not being concluded within a reasonable period of time, the prolonged suspension of the petitioner would mandate interference from this Court. Mr. Choudhury has further submitted that the enquiry proceeding in the matter having progressed, there would be no further need to continue to place the petitioner under suspension and the respondent authorities ought to have reinstated the petitioner in his services. 6. Mr. T.C. Chutia, learned senior counsel/ Addl. Sr. Govt. Advocate, Assam, appearing for the respondents submits that the enquiry in the matter, against the petitioner, has Page No.# 4/5 progressed to a great extent and the same is expected to be completed, very soon. He submits that the next date fixed in the enquiry is 15-09-2026 and that it is expected that the enquiry would be completed on that day. He submits that, thereafter, within a reasonable period of time, the Enquiry Officer would submit his Enquiry Report and then the matter can be processed by the Disciplinary Authority for issuance of final orders in the matter. Accordingly, he submits that the suspension of the petitioner, at this stage, would not mandate interference. 7. I have heard the learned counsel for the parties and have also perused the materials available on record. 8. The petitioner, after being placed under suspension, vide order dated 15-09-2025, was issued a show cause notice on 24-09-2025, i.e. proximate to the time when the petitioner was placed under suspension. This Court further finds that the respondent authorities have been periodically reviewing the order of suspension of the petitioner and extending the same in view of the pendency of the said departmental proceeding instituted against him. This Court, however, finds that the departmental proceeding instituted against the petitioner has been pending for the last around 01 (one) year. 9. This Court having found a departmental proceeding, against the petitioner, stood instituted proximate to the time, the petitioner was placed under suspension and the order of suspension being reviewed from time to time, this Court is of the considered view that the procedure as mandated for extension of an order of suspension has been complied with in the matter by the respondent authorities and accordingly, the order of suspension of the petitioner would not mandate interference at this stage. Page No.# 5/5 10. Having drawn the said conclusions, this Court noticing the fact that the enquiry proceeding instituted against the petitioner has remained pending for the last around 01 (one) year, requires the respondent authorities to complete the said proceeding on/ or before 06-11-2026. The petitioner is also directed to cooperate with the respondent authorities for an early conclusion of the departmental proceeding. It is further provided that, in the event, the departmental proceeding instituted against the petitioner is not concluded on/ or before 06-11-2026, the respondent authorities shall proceed to reinstate the petitioner in his service, however, posting of the petitioner would be at the discretion of the respondent authorities. 11. In the event the petitioner is required to be reinstated in his service on account of non-completion of the departmental proceeding instituted against him, such reinstatement of the petitioner would have no effect on the pending departmental proceeding and the same shall be concluded by the respondent, in accordance with law expeditiously. 12. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant