IMPORTANT POINT
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.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. K. N. Choudhury, learned Senior counsel, assisted by Mr. T. Chakraborty, learned counsel, appearing on behalf of the petitioner. Also heard Mr. P. Nayak, learned standing counsel, Public Works(Roads) Department, Government of Assam, appearing on behalf of all the respondents.

2. The challenge in the present proceeding by the petitioner is to a Notification, dated 18.03.2023, issued by the Commissioner and Special Secretary to the Government of Assam, Public Works(Roads) Department, under Rule 6(1) of the Assam Services (Disciplinary & Appeal) Rules, 1964, placing the petitioner, herein, under suspension w.e.f. 18.03.2023, pending drawal of the departmental proceeding against him.

3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner while working as an Assistant Engineer (T/C), Public Works(Roads) Department, East Guwahati Territorial Road Division, basing on allegations so levelled against him of having committed procedural and financial irregularities in utilization of funds while executing the works under MPLAD fund of a Member of Parliament, Rajya Sabha, during the period 2021-22 and 2022-23, came to be placed under suspension.

On receipt of a detailed report, dated 16.05.2023, from the Superintendent of Police, Chief Minister’s Special Vigilance Cell, Assam, a departmental proceeding came to be initiated against the petitioner under Rule 9 of the Assam Services (Disciplinary & Appeal) Rules, 1964, read with Article 311 of the Constitution of India, vide issuance of a Show Cause Notice, dated 24.06.2023.

The departmental proceeding was so initiated against the petitioner within a period of 3(three) months from the date of issuance of the Notification, dated 18.03.2023. The petitioner, thereafter, submitted his written statement in the matter on 20.07.2023, after seeking for an extension earlier for submission of the same.

The suspension of the petitioner, not having been reviewed and no order in this connection issued to the petitioner along with the Show Cause Notice served upon him; he had instituted the present proceeding before this Court on 22.11.2023, praying for an interference with the Notification, dated 18.03.2023.

4. Mr. Choudhury, learned Senior counsel appearing on behalf of the petitioner; by reiterating the facts as noticed hereinabove, has submitted that in terms of the law laid down by the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary v. Union of India through its Secretary & anr., reported in (2015) 7 SCC 291, it is a mandatory requirement that along with the memorandum of charges/ charge-sheet so served upon a delinquent officer/employee; a reasoned order is requisite to be so passed for the extension of the period of suspension.

5. Mr. Choudhury, learned Senior counsel, has categorically submitted that on the date when the Show Cause Notice, dated 24.06.2023, was so served upon the petitioner; it was not so accompanied by an order towards extending the period of suspension. In the above circumstances; he has submitted that the suspension of the petitioner, herein, after issuance of the Show Cause Notice as issued to him, cannot be said to be valid and accordingly, the petitioner is entitled to be reinstated in his services.

6. Mr. Choudhury, learned Senior counsel, by highlighting that suspension specially preceding the formulation of charges is essentially transitory or temporary in nature, and must perforce be of a short duration, has submitted that perusal of the Show Cause Notice, dated 24.06.2023, would go to reveal that the respondents have before issuing the same, brought on record, all requisite materials to establish the allegations levelled against the petitioner, herein, and accordingly, he submits that in addition to the suspension of the petitioner, not being sustainable, in view of the law laid down by the Hon’ble Supreme Court in the case of Ajay Kumar Choudhar