The main legal point established in the judgment is that a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the suspension order invalid.

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) GLT 444, have held that a review of a suspension order should be undertaken within 90 days from the issuance of the suspension order and the respondents not having done the same, the suspension order should be set aside.

5. Mr. R.P. Kakati, learned Senior Counsel for the IIT, Guwahati has brought the official records, in terms of the order dtd. 23/6/2022 passed by this Court. He submits that though the records show that the first review of the suspension order had been undertaken by the respondents on 31/12/2019, the letter dtd. 22/3/2019 issued by the Dean of Faculty Affairs, IIT, which is with regard to an appeal for reinstatement, states that the deemed suspension would continue to remain in force as per the provision of the CCS (CCA) Rules, 1965, even though the petitioner had been granted bail in the criminal case. He further submits that a reading of the proviso to Rule 10 (7) of the CCS (CCA) Rules, provides that once an order of suspension is extended by the first review undertaken within 90 days of the suspension order, further review is no longer required. He accordingly submits that the writ petition should be dismissed.

6. I have heard the learned counsels for the parties.

7. To decide the issue raised by the parties, Rule 10 (6) and (7) of the CCS (CCA) Rules, 1965 are reproduced below:-

"(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time. (7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.

Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later."

8. Rule 10 (6) of the CCS (CCA) Rules states that an order of suspension has to be reviewed by the authority constituted for the purpose, before the expiry of 90 days from the effective date of suspension order.