WP(C) 3812/2007 BEFORE HON’BLE MR.JUSTICE RANJAN GOGOI Having regard to the subject matter involved and the records produced in origina l, final orders in the writ petition are being passed at this stage with the con sent of the parties. The petitioner is a fixed pay employee of the Assam Legislative Assembly Secreta riat. He has been in continuous employment as a Counter Assistant since the yea r 1996. By an order dated 12.2.2007 passed by the Secretary of the Legislative A ssembly, the service of the petitioner has been terminated. Aggrieved, this writ petition has been filed. As the termination of the petitioner was made without holding any enquiry or wit hout giving any opportunity, the Court desired to know the reasons for the impug ned termination. In response, the records in original showing the reasons for the termination of the petitioner have been placed before the Court. The said records would go to s how that the petitioner was arrested in connection with Jalukbari Police Station Case No.59 of 2007 under Sections 120/120(B) IPC read with Sections 3, 4 and 5 of the Explosive Substance Act read with Sections 10/13 of the Unlawful Activiti es (Prevention) Act. Following the arrest of the petitioner, a note was put up to the Secretary, Legislative Assembly Secretariat suggesting that in view of th e arrest made the petitioner’s service should be terminated as he is a fixed pai d/temporary employee. The Secretary endorsed the file to the Hon’ble Speaker. Th e Hon’ble Speaker of the Legislative Assembly approved the suggested action foll owing which the impugned termination order has been issued. From the facts emanating from the records in original placed before the Court, a s noticed above, it is clear and evident that the only ground for termination of the petitioner’s service is his arrest and detention in connection with Jalukba ri Police Station Case No.59 of 2007. Arrest of a confirmed Government employee in a criminal case, ipso facto, cannot give rise to an order of termination. At best, if such a Government employee is to be kept in detention for a period of more than 48 hours, he is liable to be put under suspension under the provisions of the Assam Services (Discipline and Appeal) Rules, 1964. Merely because the p etitioner was a temporary employee on fixed pay, though he had served for over 1 0(ten) continuous years, a different course of action will not be justified. If a temporary or contingent employee cannot be placed under suspension, as a reg ular employee, surely, an order keeping his service in abeyance for sometime and a further enquiry in the matter by the appointing authority to satisfy itself a s regards the veracity of the allegations made can be ordered. In the present ca se no enquiry whatsoever appears to have been made by the Respondents to satisfy themselves that there is some material or substance even, prima facie, in respe ct of the allegations/charges levelled against the petitioner in Jalukbari Polic e Station Case No.59 of 2007.Merely because the criminal case was registered aga inst the petitioner wherein he was arrested, the service of the petitioner was t erminated. No opportunity was also given to the petitioner to controvert the pro posed action on the basis of such version of the allegations in the criminal ca se. Surely, such a course of action, in contradistinction to the course of actio n adopted, would have better serve the cause of justice. In view of the above, t he Court is of the view that this writ petition should be allowed, the order dat ed 12.2.2007 should be set aside and the petitioner should be reinstated in serv ice but only after the Respondents satisfy themselves that the materials availab le in the Case Diary of Jalukbari PS Case No.59 of 2007 sufficiently implicate t he petitioner. Necessary action in compliance will be initiated and completed by the Respondents within a period of 2(two) weeks from today. As the matter will eventually be laid before a high constitutional authority, i.e., the Hon’ble Sp eaker, the Court is confident that the matter will be dealt with in a fair and u nbiased manner. Writ Petition shall stand allowed as indicated above.