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DEVASHIS BARUAH
Kulendra Kumar Das S/o Lt. Kharge Dhar Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. B. Kaushik, the learned counsel appearing on behalf of the petitioner and Mr. S. Dutta, the learned counsel appearing on behalf of the respondents.
2. The case of the petitioner herein is that an FIR was filed being Bongaigaon P.S. Case 742/2021 under Sections 120(B)/420/468/471 IPC wherein there has been certain allegations made of execution of a forged registered Sale Deed bearing No. 839/779. Subsequent thereto the petitioner was arrested on 24/6/2022. On the ground that the petitioner was arrested, the respondent authorities have exercised powers under Rule 6(2) of the Assam Services (Discipline and Appeal) Rules 1964 (for short “the Rules of 1964”) and had put the petitioner under suspension pending initiation of departmental proceedings made on 01.07.2022 giving effect from 24.06.2022. It further appears from the records that on 8/7/2022, the petitioner was granted the bail by the Court of the Sessions Judge, Bongaigaon in Misc. Criminal Case No. 137/2022. Thereupon the petitioner from time and again had requested the respondent authorities to revoke the suspension order and to re-instate him. However, the respondent authorities as alleged, in complete dero
Departmental Authority neither has initiated a Departmental Proceeding (DP) by framing charge against Petitioner nor he has been re-instated into service, which according to Petitioner is against set....
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.
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
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