Guwahati: The Gauhati High Court has dismissed a petition filed by the Assam government challenging a single bench’s stay order on the suspension of Priyanka Deka, Inspector of Taxes.
Deka was suspended by the Assam government following her implication in the APSC scam, as named in an inquiry commission report headed by Justice (Retd) Biplab Kr Sarma.
Ready for a challenge? Click here to take our quiz and show off your knowledge!
The High Court’s division bench, comprising Justices Kalyan Rai Surana and Malasri Nandi, upheld the single judge’s order that stayed Deka’s suspension and the disciplinary proceedings initiated against her. The Assam government’s appeal against this order was rejected.
Deka’s suspension stemmed from allegations of irregularities in the 2013 Assam Public Service Commission (APSC) Combined Competitive (Main) Examination.
The government claimed she secured lower than the cut-off marks but her marks were allegedly manipulated, leading to her selection.
Ready for a challenge? Click here to take our quiz and show off your knowledge!
A one-man commission of inquiry, headed by retired High Court judge Biplab Kr Sarma , implicated Deka in the scam. A criminal case was also filed against her.
However, the High Court bench pointed out that the government had failed to file an affidavit-in-opposition in Deka’s original writ petition challenging her suspension, despite being given multiple opportunities.
The court expressed strong disapproval of this practice, stating that it would not encourage litigants to bypass the single judge and directly file intra-court appeals. The bench emphasized the importance of presenting all evidence and arguments before the single judge first.
The court also raised concerns about the government’s handling of the one-man commission’s report.
Deka’s counsel argued that she was not given a fair hearing by the commission, violating statutory provisions.
They also alleged that while the report was accessible to officials involved in the investigation and disciplinary proceedings, it was not provided to Deka herself, nor was it promptly tabled in the Assam Legislative Assembly.
The division bench’s order stressed that it had not delved into the merits of the case, leaving both parties free to present their arguments before the single judge during the writ petition’s hearing, scheduled for February 21, 2025.