JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. N. Borah, learned counsel for the petitioner. Also heard Mr. R.P Kakoti, learned Senior Counsel assisted by Mr. S. Sutradhar, learned counsel for the IIT, Guwahati.

2. The issue to be decided in the present case, is as to whether a review of a suspension order is required to be made within 90 days, though a chargesheet is submitted within 90 days from the date of issuance of the suspension order.

3. The petitioner's case in brief is that the petitioner was suspended from service, vide suspension order dtd. 23/1/2019 with effect from 5/1/2019, in connection with Changsari P.S. Case No. 7/2019 under Sec. 354 (A) and 354 (B) IPC. Chargesheet was submitted by the police 8 (eight) days later, i.e. on 31/1/2019. The petitioner was arrested on 5/1/2019 and released on bail on 29/1/2019.

4. The petitioner's counsel submits that a review of the suspension order dtd. 23/1/2019 was undertaken by the respondents on 31/12/2019. As the decision of the Apex Court and the Division Bench of this Court in Ajay Kumar Choudhury Vs. Union of India and Anr., (2015) 7 SCC 291, and State of Nagaland and Ors. Vs. Chubanun-gsang Imchen and Anr., reported in 2019 (5) G