Gauhati High Court asks Dispur to Reinstate Suspended Tax Officials

way2barak, January 12: The Gauhati High Court on Friday directed the Finance department to issue consequential orders for the resumption of service by Priyanka Deka and Jayanta Doley in pursuance of the directions passed by the court through an order dated December 6, 2024, within a period of 1 week.

Justice N. Unni Krishnan Nair observed that in the order passed on December 6, 2024, the HC had stayed the impugned orders, including the order on Priyanka Deka and Jayanta Doley’s suspension dated November 30, 2023.

During the instant hearings, the senior counsel and the counsel for the petitioners submitted that in spite of the fact that the orders impugned, including the order of suspension dated November 30, 2023, having been stayed by this court vide the order dated December 6, 2024, and the same having been apprised to the respondent authorities, the petitioners Priyanka Deka and Jayanta Doley have not been allowed to resume their services.

Standing Counsel of the Finance Department submitted that in view of the fact that the HC’s order dated December 6, 2024, the Court, while staying the operation of the order of suspension dated November 30, 2023, as well as the show cause notice issued to the petitioners on the same day, had not passed any orders towards directing the respondent authorities to permit the petitioner to resume her services. So, the respondent authorities were not in a position to permit the petitioners to resume their services.

Justice Nair observed that the submission of the Finance department’s counsel is clearly not acceptable, inasmuch as the order of suspension dated November 30, 2023, having been stayed by this court, the natural corollary would be that the petitioners continue to remain in service as before.

Accordingly, the respondent authorities in the Finance Department were directed to take steps for issuance of consequential orders towards permitting the petitioners to resume their services. However, the place of posting of the petitioners on such resumption of service would be decided by the departmental authorities.

Earlier, it was submitted that the petitioners were appointed as tax officials after undergoing a rigorous selection process by the APSC. On account of certain allegations in their recruitment process, a one-man inquiry commission was constituted, which was presided upon by a retired judge of this court. The One Man Inquiry Commission, upon scrutiny of the documents concerned, detected certain anomalies, and for which persons who were found to be involved in such anomalies were given a notice, including the two petitioners. While the matter rested at that, the respondent authorities concerned at a much later point in time on November 30, 2023, suspended the petitioners from service by issuing a notification while also issuing a separate show cause notice incorporating the statements of allegations, list of documents, and witnesses, etc.

In Friday’s hearing, counsel of the finance department further submitted that he be granted 3 weeks’ time to place the stand of the department by way of filing an affidavit in the matter. The court accepted his prayer and asked the registry to list the matter again on February 19, 2025.

The court also stated that the petitioners may file their rejoinders in the matter in the event the affidavits are so filed by the respondents. Also, the consequential orders as would now be called for in pursuance to the directions passed by this Court, vide order dated December 6, 2024, shall be issued by the respondent authorities within a period of 1 week from Friday.

Further, it was stated that the interim order passed by this Court vide order dated December 6, 2024, shall continue until further orders.