Gauhati High Court suspends orders issued by Home and Political Department

 STAFF REPORTER

GUWAHATI: The Gauhati High Court has suspended two orders issued by the Secretary to the Government of Assam, Home & Political Department regarding handing over charge as Director of Forensic Science, Assam to Gaurav Upadhyaya, Additional Secretary to the Government of Assam, Transport Department.

A writ petition (WP(C)/3336/2023) had been filed in the Gauhati High Court by Tilaka Das (petitioner). She holds the post of Joint Director of the Forensic Science Laboratory, Assam in substantial capacity and has also been serving as Director in-charge since April 1, 2022 on the retirement of the earlier incumbent.

The petitioner informed the court that the post of Director can be filled up either by direct recruitment or by promotion in which the cadre of Joint Director is the feeder post. She field the writ petition against two notifications which were issued in quick succession dated June 3, 2023 and June 6, 2023. Both the notifications were made known to the petitioner only through WhatsApp and formal copies of the same are yet to be served.

By the first notification dated June 3, 2023, Gaurav Upadhyaya was allowed to hold charge of the Director of Forensic Science, Assam. The order also disclosed that Upadhyaya is holding the substantive post of Additional Secretary to the Government of Assam, Transport Department, State Project Director, Assam Inland Water Transport Development Society and Project Officer, Assam Integrated River Machine Management Project under PIU, ASDMA. By the subsequent notification dated June 6, 2023, the earlier notification dated April 5, 2022 by which the petitioner was given the charge of the post of Director was cancelled.

The petitioner submitted that if the post of Director is filled up by due process of law, her case would also be required to be considered. However, by the impugned order, a temporary arrangement have been sought to be replaced by another temporary arrangement, that too by an incumbent who does not meet the eligibility criteria to hold the same post of Director. The counsel for the petitioner drew the attention of the court to the eligibility criteria, including the educational qualifications, required for consideration for appointment to the post of Director.

The court was of the opinion that by the impugned action, a temporary arrangement which is continuing since the year 2022, has been sought to be replaced by another temporary arrangement without citing any reasons. “The issue of the eligibility qua the qualifications required to be possessed by an incumbent to hold the post of Director, Forensic Science Laboratory is also a consideration which has been taken note by this Court.” The court also took note of the fact that Gaurav Upadhyaya is already holding the post of Additional Secretary to the Government of Assam in a substantive capacity.

The court then directed that the orders dated June 3, 2023 and June 6, 2023 issued by the Secretary to the Government of Assam, Home & Political Department should “remain suspended”.

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