WP(C) 288/2006 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI Heard Mr. P. Katakey, learned counsel for the petitioner, and Ms. R. Gogoi, lear ned Government Advocate, Assam, appearing on behalf of the respondents. While working as a constable in the CID, Government of Assam, a criminal case be ing Dispur P.S. Case No.1310 of 2005 under Sections 341/325 IPC was registered a gainst the petitioner on the basis of a complaint made by one P. K. Rabha, a ret ired police officer, for assaulting his son, Dipankar Rabha, on the night of 01. 11.2005. Because of the registration of the case aforementioned, the petitioner was placed under suspension by order, dated 5.11.2005, passed by the authority c oncerned. Though the petitioner submitted a representation seeking withdrawal of suspension order, the order of suspension was continued. Thereafter, a show cau se notice was issued, on 22.11.2005, directing the petitioner to show cause as t o why action shall not be taken against him for committing gross misconduct. In response thereto, the petitioner submitted his reply on 30.11.2005. The discipl inary authority of the petitioner passed an order, on 03.12.2005, stating that t he petitioner’s reply to the said show cause notice was not satisfactory and the departmental enquiry would continue. Departmental Proceeding No.1 of 2005 was a ccordingly drawn up. In course of time the petitioner filed this writ petition, under Article 226 of the Constitution of India, seeking, inter alia, stay in fu rther progress of the departmental proceeding drawn against him. By order, dated 25.01.2006, an order was made in this writ petition suspending further proceedi ngs of the departmental enquiry making it clear that since the interim order sus pending the departmental proceeding was being passed at the instance of the peti tioner, the pendency of the departmental proceeding would be at the cost and ris k of the petitioner. By filing an affidavit, the petitioner has, now, submitted that in Dispur P.S. C ase No.1310 of 2005, a charge-sheet was submitted and, thereafter, he has been t ried for committing an offence under Section 325 IPC, he pleaded not guilty to a lleged commission of the said offences; the alleged victim, Dipankar Rabha, was examined but he did not implicate the petitioner in the incident and the petitio ner has accordingly been acquitted of by judgment and order, dated 16.3.2011, pa ssed by the learned Chief Judicial Magistrate, Kamrup, in G.R. No.5928 of 2005 c orresponding to Dispur P.S. Case No.1310 of 2005. The petitioner, now, submits that since the criminal trial is over, the responde nts be directed to resume the departmental proceeding and dispose of the same ex peditiously in accordance with law. In view of the fact that the trial of the case aforementioned is over with acqui ttal of the petitioner, there is no impediment in law in proceeding further with the departmental enquiry in question. Considering, therefore, the matter in its entirety and in the interest of justic e, this writ petition is disposed of with the direction to the respondents to re sume the departmental proceeding drawn against the petitioner and complete the s ame in accordance with law as expeditiously as possible. The petitioner is directed to submit his reply to the show cause notice, dated 1 6.12.2005, (Annexure-VIII to the writ petition) whereby the petitioner’s respons e to the charges framed against him had been sought for. While filing the reply to the said show cause notice, the petitioner shall enclose, therewith, a certif ied copy of this order along with a copy of the writ petition and annexures ther eto. With the above observations and directions, this writ petition shall stand dispo sed of. Furnish a copy of this order to the learned Government Advocate, Assam.