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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Pradip Kumar Sarma S/O Late Panchanan Dev Sarma – Appellant
Versus
Guwahati Municipal Corporation – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. AK Sarma, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Additional Advocate General, Assam for the Guwahati Municipal Corporation (hereinafter referred to as the GMC).
2. This writ petition is filed challenging the order dated 18.11.2022, whereby the petitioner was placed under suspension with effect from 18.11.2022 as well as the impugned order dated 15.06.2023 issued by the Commissioner, GMC, whereby the petitioner’s suspension stood extended until further orders. The petitioner is serving as an Assistant Executive Engineer under the Guwahati Municipal Corporation and he was placed under suspension with effect from 18.11.2022 pursuant to his arrest 15.11.2022 in connection with Vigilance Police Station Case No. 04/2022 under Sections 120(B)/420/406/409/468/471 IPC read with Section 13 (1)(a)/13(2) of P.C. Act, 1988. Subsequently, he was granted bail on 16.12.2022 by this Hon’ble Court. From the pleadings available on record, it is seen that the charge-sheet in the criminal proceedings was filed on 11.01.2023. The criminal proceedings are pending disposal before the competent Court of Jurisdiction. The petitioner was ser
Prolonged suspension of a government employee requires adequate justification, especially when delays in departmental proceedings are not attributable to the employee.
Prolonged suspension of an officer requires justification; mere pendency of proceedings is insufficient without adequate reasoning.
An order of suspension lapses if not reviewed within 90 days, and cannot be extended indefinitely without justification.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
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.
When an administrative decision is illogical or suffers from procedural impropriety or it shocks conscious of Court in a sense that it is in defiance of logic or moral standards, power of judicial re....
The requirement of reviewing suspension orders within 90 days, as mandated by the Assam Services (Discipline and Appeal) Rules, 1964, applies to deemed suspensions as well, and failure to conduct the....
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