The Gauhati High Court has agreed to examine the plea by Priyanka Deka, who has challenged her suspension from service as Inspector of Taxes. This development follows the findings of a one-man inquiry commission on her appointment. A single-judge bench of Justice Nelson Sailo is overseeing the matter, with notices returnable in three weeks
Gauhati High Court’s Examination of the Plea
The suspended tax inspector filed a writ petition (Case No. WP(C)/5862/2024) which issued notices returnable in three weeks. During the hearing of the case, A. Chowdhury, senior counsel assisted by Ms. B. Chowdhury represented the petitioner. The counsel emphasized that Priyanka Deka was appointed as Inspector of Taxes after successfully passing the selection process.
However, due to certain allegations, a one-man inquiry commission was formed, led by a retired judge of the Gauhati High Court.
Findings of the Inquiry Commission
The One Man Enquiry Commission, upon reviewing the relevant documents, identified several anomalies. Following that, a petitioner was issued to those found to be involved in the anomalies, including the petitioner Priyanka Deka on August 13, 2021. The petitioner responded to the notice on August 23, 2021, but the matter remain unresolved until the state government’s Finnace Department suspended the petitioner much later on November 30,2023. A notification was also issued along with a separate show cause notice that included the statements of allegations, list of documents, and witnesses, among others.
Legal Grounds for Challenging the Inquiry
The petitioner’s counsel argued that the initiation of the inquiry was unlawful due to violations of the Commissions of Inquiry Act, 1952, particularly Sections 8-B and 8-C. Section 8-B ensures that individuals likely to be prejudiced by an inquiry are given the opportunity to be heard, while Section 8-C grants the right to cross-examine witnesses and be represented by legal counsel.
Request for Interim Protection
Given the circumstances, the petitioner’s counsel requested interim protection, as the petitioner is facing significant pressure during the ongoing inquiry. The court has agreed to examine this request and has directed that a notice be issued, with the interim prayer returnable by December 6, 2024.
Gauhati High Court’s Direction and Next Steps
The Gauhati High Court has ordered that the matter be thoroughly examined and issued a notice returnable in three weeks. Additionally, the court has directed that notice be issued regarding the interim prayer, which will be reviewed by December 6, 2024.
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