Assam Court Orders Registration Of FIR Against IAS Officer

The Nalbari district court in Assam has recently ordered the registration of an FIR against Varnali Deka, a District Commissioner and IAS officer, following allegations of harassment made by a subordinate officer, Arpana Sarmah.

The ruling was delivered by Additional Chief Judicial Magistrate P. Goswami on Monday in Case No: CR/231/2024.

In her judgment, Goswami highlighted that the police had failed to fulfill their duty to register the complaint. She stated, “An FIR needs to be registered for the allegations filed by the complainant, and a proper investigation of this case needs to be carried out as per law.”

She directed the Officer-in-Charge of the Nalbari police station to register the case, conduct an investigation, and submit a final report promptly.

Sarmah’s complaint dates back to May 8, just a day after the Lok Sabha elections in Nalbari. She alleged that Deka subjected her to “mental harassment, public humiliation, and threats” while performing her election duties. Following the incident, Sarmah was suspended based on Deka’s report, which accused her of not completing her election responsibilities and abandoning the EVM receiving venue.

The court noted that Sarmah had attempted to resolve the matter by reaching out to the Nalbari Superintendent of Police and sending an email to the Director General of Police.

However, her complaints were not addressed, prompting her to approach the Gauhati High Court, which instructed the jurisdictional court to take up the case.

In her order, Justice Goswami emphasized the necessity of registering an FIR as a fundamental step in the criminal justice process, stating, “An FIR is the first step against any sort of criminal activity, as it triggers the criminal justice machinery of the state.” She criticized the police for their inaction, noting that an inquiry had been initiated but yielded no results even after five months, which she deemed unwarranted.

Sarmah alleged that Deka verbally abused her when she explained that the lack of available labor at 1 a.m. to handle election materials was beyond her control. Conversely, Deka accused Sarmah of neglecting her duties and abandoning the central election management site at Government Gurdon Higher Secondary School without completing her assigned tasks.

In her complaint, Sarmah further claimed she had been experiencing “extreme mental harassment” from Deka since January, feeling constantly scrutinized with “malafide intentions to fix blame” on her. The ongoing pressure led her to request extraordinary leave without allowance in March, threatening to treat the request as a resignation if denied. She later withdrew this resignation after discussions with colleagues and local officials, including the Environment and Forest Minister, Chandra Mohan Patowary.

This ruling underscores the court’s commitment to ensuring that allegations of harassment and misconduct within government ranks are addressed properly and highlights the importance of due process in such cases.

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