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SANDEEP MEHTA, SUMAN SHYAM
State Of Assam – Appellant
Versus
Ajit Sonowal – Respondent
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 :-
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.
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.
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.
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....
Deemed suspension lapses automatically after 90 days if not reviewed and extended before expiry, when employee released from detention prior thereto; proviso to Rule 10(7) inapplicable. Subsequent ex....
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