JUDGMENT :

Heard Mr. D. Mahanta, the learned counsel appearing on behalf of the petitioner and Mr. K. Gogoi, the learned Standing counsel appearing on behalf of the Higher Education Department. I have also heard Mr. G. Alam, the learned counsel appearing on behalf of the respondent Nos. 3 and 4 and Mr. S. R. Baruah, the learned Government Advocate, Assam for respondent No.5.

2. The petitioner herein has approached this Court seeking a direction for setting aside the impugned Order of Suspension No. DHE/CE/Misc/81/2021/6 dated 21.10.2021 issued by the Director of Higher Education, Assam (hereinafter referred to as the impugned order) and further seeking a direction upon the respondents to reinstate the petitioner in service by revoking the impugned order of suspension.

3. The facts of the instant case is that the petitioner was appointed on 04.12.2015 as an Assistant Professor in the Department of Arabic in the Anandaram Dhekial Phookan College under the Directorate of Higher Education, Assam. On 06.10.2021, the petitioner was arrested by the C.I.D. Assam on the basis of an F.I.R. lodged by one Sri Gautam Chandra Kumar. The said F.I.R. was registered and numbered as CID P.S. Case No.10/2021 under Sections 120(B)/420/467/468/471 of the Indian Penal Code, 1908. Thereafter, on 07.10.2021, the petitioner was produced before the learned Special Judge, Assam and after completion of police remand, he was remanded to the judicial custody.

4. In view of the provisions of Rule 6(2) of the Assam Service (Discipline and Appeal) Rules, 1964 (for short the “Rules of 1964”), the petitioner was placed under suspension vide the impugned order by the respondent No.3. Subsequent thereto, the petitioner was granted bail by the Additional Chief Judicial Magistrate, Kamrup (M), Guwahati in PRC Case No.2678/2021 arising out of C.I.D. Case No.10/2021. Upon release on bail, the petitioner submitted a representation before the respondent authorities to revoke the suspension and to reinstate the petitioner in service. The said representation was filed on 06.08.2022. It is the case of the petitioner that the petitioner still continues to remain under suspension w.e.f. 21.10.2021 and the respondent authorities have neither revoked his suspension till date nor made any periodical review on the matter of suspension of the petitioner.

5. It is the further case of the petitioner that in terms with the judgment of the Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291 as well as the judgment of the Division Bench of this Court in the case of Rakibuddin Ahmed Vs. The State of Assam and Others reported in (2020) 2 GLR 621, the further continuation of the impugned order is in violation to the law laid down by the Supreme Court as well as by the Division Bench of this Court.

6. This Court vide an order dated 29.09.2021 issued notice making it returnable by 4 (four) weeks. Further to that, on 03.02.2023, this Court upon hearing the learned counsels, directed the learned Standing counsel for the Higher Education Department to obtain instructions as to whether the principles laid down by the Supreme Court in the case of Ajay Kumar Choudhary (supra) have been followed and as to whether there was any extension of the suspension order as well as, as to whether any Memorandum of Charges/Charge sheet have been submitted insofar as the petitioner is concerned. Accordingly, this Court fixed the matter on 10.02.2023.

7. On 10.02.2023, the learned counsel appearing on behalf of the petitioner reiterated his specific contention that the continuation of the suspension of the petitioner on the basis of the impugned order is in violation to the judgment of the Supreme Court in the case of AjayKumar Choudhary (supra) as well as the judgment of the Division Bench of this Court in the case of Rakibuddin Ahmed (supra). On the other hand, the learned counsel appearing on behalf of the Higher Education Department submitted that the judgment in the