Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, J.
Nipu Kalita, S/o- Lt. Jogen Kalita - Appellant
Versus
The State Of Assam And Ors. - Respondents
WP(C)/853, 2409, 4399, 5523, 4239 of 2020
Decided on : 22-04-2021
Prevention of Corruption Act, 1988 - Section 7 - Indian Penal Code, 1860 - Sections 188, 392, 384, 34 - Various Order of Suspensions under challenge - Suspension of Government servant - Gross Misconduct - Negligence - Dereliction of duties - Petitioner in WP is a Police Officer and was posted as SI (UB) in Police Station - Vide an order petitioner was placed under suspension as he was arrested in connection with PS Case under Section 392 IPC. - However order of suspension does not provide that suspension was a deemed one. - On other hand, it provides that same was done for gross misconduct, negligence and dereliction of duties. - Formal charges were framed vide show cause notice along with a statement of allegation which was replied to by petitioner which was received - Petitioner in WP was working as an Accounts Officer in the office of Executive Engineer - He was arrested in connection with ACB PS Case under Section 7(a) of Prevention of Corruption Act, 1988 - Vide impugned order he was suspended after he was released on bail from custody - Grievance of petitioner is that no Departmental Proceeding (DP) has been initiated against him and no review of suspension has been done - Petitioner in WP is a Police Officer and was posted as Constable (UB) at Police Station, Traffic Branch - Vide an order, petitioner was placed under suspension as he was arrested in connection with PS Case under Section 188/392 of IPC. - Order of suspension does not provide that suspension was a deemed one - It provides that same was done for gross misconduct and dereliction of duties - Formal charges were framed vide show cause notice along with a statement of allegation which was replied to by petitioner - Petitioner in WP has approached this Court for second occasion by filing this writ petition.
Finding of the court: Court has no other option but to follow decision of the Division Bench in the case of Rekibuddin Ahmed - Accordingly, orders of suspension which are not reviewed within a period of 90 days and where the show cause notice has not been issued are set aside and quashed. - Court would also like to add the observation that no prejudice, whatsoever would be caused to the Department inasmuch as, no blanket order of revocation of suspension is passed and it is left with the Departments to make periodic review within a period of three months and to decide as to whether such suspension is required to be extended by assigning reasons. - Further, in tune with the observation of the Division Bench, this Court is also hasten to add that the respective Departments would be at liberty to transfer the petitioners in any non-sensitive posts.
Result: Writ Petitions Disposed Of.
JUDGMENT :
All these writ petitions which raise a similar issue with regard to suspension of Government servant and the need for periodic review of the same are taken up for disposal at the admission stage itself. This Court has also noted that the respondent authorities have filed their affidavit-in-opposition in few of the cases with a further submission that the stand taken in the said affidavit would also cover the rest of the other cases.
2. Before going to the issue which calls for determination, it would be convenient to state the facts of the cases in brief.
3. The petitioner in WP(C)/853/2020 Shri Nipu Kalita is a Police Officer and was posted as SI (UB) in the Dispur Police Station. Vide an order dated 09.02.2019, the petitioner was placed under suspension as he was arrested in connection with Dispur PS Case No.363/2019 under Section 392 IPC. However, the order of suspension dated 09.02.2019 does not provide that the suspension was a deemed one. On the other hand, it provides that the same was done for gross misconduct, negligence and dereliction of duties. Thereafter, the formal charges were framed vide show cause notice dated 06.04.2019 along with a statement of allegation which was replied to by the petitioner which was received on 01.05.2019.
4. The petitioner in WP(C)/2409/2020 Shri Ajit Sonowal was working as an Accounts Officer in the office of the Executive Engineer, North Lakhimpur PHE Division. He was arrested in connection with ACB PS Case No. 15/2019 under Section 7(a) of the Prevention of Corruption Act, 1988. Accordingly, vide the impugned order dated 07.12.2019, he was suspended after he was released on bail from custody. The grievance of the petitioner is that no Departmental Proceeding (DP) has been initiated against him and no review of the suspension has been done.
5. The petitioner in WP(C)/4239/2020 Shri Sanjay Kr. Jha is a Police Officer and was posted as Constable (UB) at the Panbazar Police Station, Traffic Branch. Vide an order dated 30.04.2020, the petitioner was placed under suspension as he was arrested in connection with Fatasil Ambari PS Case No.169/2020 under Section 188/392 of the IPC. However, the order of suspension dated 30.04.2020 does not provide that the suspension was a deemed one. On the other hand, it provides that the same was done for gross misconduct and dereliction of duties. Thereafter, the formal charges were framed vide show cause notice dated 01.07.2020 along with a statement of allegation which was replied to by the petitioner on 10.07.2020.
6. The petitioner in WP(C)/4399/2020 Shri Shrawan Kumar Jha is an employee of the Assam Police. Vide an order dated 04.02.2020, the petitioner was placed under suspension as he was arrested in connection with GRPS Case No.02/04/2020 under Section 384/34 of the IPC. However, the order of suspension dated 04.02.2020 does not provide that the suspension was a deemed one. On the other hand, it provides that the same was done pending departmental proceeding. Thereafter, the formal charges were framed vide show cause notice dated 04.05.2020 along with a statement of allegation which was replied to by the petitioner on 27.07.2020. It is the case of the petitioner that neither any memo of charge was served within a period of three days nor there was any review of the suspension order.
7. The petitioner in WP(C)/5523/2020 Shri Ajit Sonowal has approached this Court for second occasion by filing this writ petition. As narrated above, while working as an Accounts Officer in the office of the Executive Engineer, North Lakhimpur PHE Division, he was arrested in connection with ACB PS Case No. 15/2019 under Section 7(a) of the Prevention of Corruption Act, 1988. Accordingly, vide an order dated 07.12.2019, he was suspended after he was released on bail from custody. The prolong suspension without any order of review is the subject matter of challenge in the earlier WP(C)/2409/2020 and during the pendency of the said writ petition, a Departmental Proce
SupremeToday
Service Law - Order of suspension - Notice - Orders of suspension which are not reviewed within a period of 90 days and where the show cause notice has not been issued are set aside and quashed.
Prolonged suspension of a government employee without timely inquiry and review is unreasonable and violates principles of natural justice and the right to a speedy trial.
Prolonged suspension of a government employee without timely inquiry or a reasoned order for extension is unreasonable and violates principles of natural justice and the right to a speedy trial.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
A suspension order must be accompanied by a reasoned order for extension beyond three months if a charge-sheet is served, ensuring compliance with the principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
