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DEVASHIS BARUAH
Debabrata Gogoi, AFS, S/O Late Padmeswar Gogoi – Appellant
Versus
State Of Assam Represented By Additional Chief Secretary To The Government Of Assam, Environment And Forest Department – Respondent
JUDGMENT :
Heard Mr. T.J. Mahanta, the learned Senior Counsel assisted by Mr. P.P. Dutta, the learned counsel for the petitioner and Mr. D. Gogoi, the learned Standing Counsel appearing on behalf of the Forest Department.
2. It is the case of the petitioner herein that on 3/8/2022 while the petitioner was posted at Lakhipur Range, Cachar Division, Silchar, the petitioner was arrested in connection with ACB P.S. Case No. 22/2022 under Section 7A of the Prevention of Corruption Act, 1988 on the alleged ground of demand of bribe. Subsequent thereto, on the basis of an order dated 9/9/2022, the Special Judge, Assam granted the petitioner bail. When the fact pertaining to the arrest of the petitioner came to the notice of the disciplinary authority, the petitioner vide a notification dated 20/9/2022 was put under suspension pending drawal of the disciplinary proceedings in exercise of the power under Rule 6(2) of the Assam Service(Discipline and Appeal) Rules, 1964( for short ‘the Rules of 1964). The petitioner thereupon on various occasions submitted representations for reinstatement. However, the respondent authorities continued to keep the petitioner under suspension. It is the case of
Suspension orders must comply with procedural requirements, including a reasoned extension within three months, as established by the Supreme Court, failing which the order is unsustainable.
Suspension orders must comply with Supreme Court guidelines, requiring a reasoned extension beyond three months; failure to do so renders the suspension unsustainable.
Suspension orders must comply with Supreme Court directives, requiring a reasoned extension if a charge sheet is served; otherwise, they are unsustainable.
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
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.
Suspension orders in disciplinary proceedings must be reviewed within 90 days; otherwise, they become invalid, ensuring the right to a fair trial and administrative efficiency.
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