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NANI TAGIA, MITALI THAKURIA
Suruj Gurung S/o Lt. Dal Bahadur Gurung – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
N.Tagia, J.
This intra-Court appeal has been filed by the appellant, challenging the order, dated 16.05.2023, passed by the learned single Judge in WP(c)224(AP)2023, whereby, the writ petition has been dismissed.
2. The appellant as writ petitioner, had filed WP(c)224(AP)2023, challenging the order, dated 12.10.2022, issued by the Chief Secretary to the Government of Arunachal Pradesh, Itanagar, vide Memo. No. PERS-12/17/2022/386; whereby, the petitioner who is an APSC (Selection Grade) Officer and working as Joint Secretary-cum-Controller of Examination, Arunachal Pradesh Public Service Commission(APPSC), Itanagar, has been placed under suspension in exercise of powers conferred under Sub-rule(1) of Rule 10 of the Central Civil Services(Classification, Control & Appeal) Rules, 1965, with immediate effect on contemplation of a disciplinary proceeding against the petitioner in connection with paper leakage case of Arunachal Pradesh Public Service Commission Assistant Engineer(Civil) Examination, 2022.
Also put to challenge is the order, dated 10.01.2023, issued on 11.01.2023, by the Chief Secretary to the Government of Arunachal Pradesh, Itanagar, vide Memo. No. PERS-18012/2/
Point of Law : Attracting the vice of Article 14 of the Constitution of India which provides that the State shall not deny to any person equality before the law or equal protection of the law within ....
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
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.
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.
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