An order of suspension lapses if not reviewed within 90 days, and cannot be extended indefinitely without justification.

JUDGMENT & ORDER :

SUMAN SHYAM, J.

Heard Mr. J. Patowary, learned counsel appearing for the writ petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, Revenue & Disaster Management Department, Assam appearing for the respondent Nos.1 and 2 and Mr. A. Chakraborty, learned Govt. Advocate, Assam appearing for the respondent Nos.3 and 4.

2. The challenge in this writ petition is to the order of suspension dated 27.01.2024 issued by the respondent No.3 whereby, the writ petitioner was placed under suspension. The impugned order has been assailed primarily on the ground that due to failure on the part of the authorities to review of the order within the period of 90 days from the issuance of the same, the order of suspension has already lapsed by operation of law. As such, the impugned order dated 21.01.2024, as extended from time to time, is liable to be set aside by this court and the petitioner is liable to be reinstated in service forthwith. The facts and circumstances of the case, leading to the filing of this writ petition, narrated in brief, are as hereunder.

3. The writ petitioner was initially appointed as a Lot Mondal on 23.02.2006. Thereafter, he was promoted to the post of Supervisory Kanungo. While serving as Supervisory Kanungo in the office of the Circle Officer, Chamaria Revenue Circle, Boko, the petitioner was arrested on 05.01.2024 in connection with ACB P.S. Case No.05/2024 registered under Section 7(a) of the Prevention of Corruption Act, 1988 on the allegation of accepting bribe of Rs 3,000/- and he was detained in police custody for a period exceeding 48 hours. In view of his arrest and detention in police custody exceeding the period of 48 hours, the District Commissioner, Kamrup (R) i.e. the respondent No.3, by invoking powers under Section 6(2) of the Assam Services (Discipline & Appeal) Rules, 1964 (herein after referred to as the Rules of 1964), had placed the petitioner under suspension by issuing the order dated 27.01.2024 with effect from the date of his arrest i.e. 05.01.2024. The writ petitioner was released on bail on 07.02.2024. According to the petitioner, the fact regarding his release on bail was duly intimated to the authority i.e. the respondent No.2 herein. Notwithstanding the same, a show cause notice dated 03.04.2024 was served upon the petitioner on 04.04.2024, accompanied by list of documents, list of witnesses and statement of allegations, thus initiating a disciplinary proceeding against the writ petitioner by framing as many as four different charges against him. The charges brought against the writ petitioner include the charge of acceptance of bribe of Rs 3000/- and recovery of un-accounted cash from the residence of the petitioner to the tune of more than Rs 7,36,000/-.

4. On 08.04.2024 the order of suspension dated 27.01.2024 was apparently reviewed and the same was extended for a further period of three months with effect from 05.04.2024. The reason for extension of the period of suspension, as mentioned in the order, was in the interest of smooth conduct of the enquiry and keeping in mind the gravity of the charge as well as the likelihood of the petitioner vitiating the working environment if he is reinstated. On 12.04.2024, the petitioner submitted his show cause reply. Thereafter, by order dated 06.05.2024, Enquiry Officer and Presenting Officer were appointed by the Disciplinary Authority i.e. the Director of Land Records and Survey, Assam (respondent No.2 herein) for conducting enquiry into the charges brought against the petitioner. While the enquiry proceeding was under progress, by order dated 11.07.2024 the period of suspension of the petitioner was extended for a further period of three months with effect from 05.07.2024 on the same grounds as mentioned in the order dated 08.04.2024. Thereafter, on 04.11.2024, the respondent No.2 had once again extended the order of suspension of the petitioner for the 3^rd time, for a further period of three months with effect from 0