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2023 Supreme(Gau) 199

SANDEEP MEHTA, SUMAN SHYAM
State Of Assam – Appellant
Versus
Ajit Sonowal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. P. Nayak, Standing Counsel, Finance Department, Assam.
For the Respondents: Mr. S. Borthakur, Mr. L.N. Dihingia, Mr. B. Das, Ms. R.B. Bora, Ms. D. Deka, Standing Counsel, AG, Assam.

JUDGMENT :

1. This intra-court appeal, preferred by the State, arises out of the judgment and order dated 22/04/2021 passed by the learned Single Judge in WP(C) No. 2409/2020 whereby, a bunch of writ petitions were disposed of by interfering with the orders of suspension impugned in those proceedings primarily on the ground that the orders of suspension had not been reviewed within a period of 90 days. The operative part of the order dated 22/04/2021 is quoted herein below for ready reference :-

    “21. In view of the aforesaid facts and circumstances, this Court has no other option but to follow the decision of the Division Bench in the case of Rekibuddin Ahmed (supra). Accordingly, the 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. This 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

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