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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Sahab Uddin Choudhury, S/o. Abdul Sukkur Choudhury – Appellant
Versus
State Of Assam, Rep By The Commissioner And Secretary Health And Family Welfare Deptt. – Respondent
| Table of Content |
|---|
| 1. details of the suspension order and background. (Para 2 , 3) |
| 2. petitioner's arguments regarding suspension legality. (Para 4 , 6 , 7) |
| 3. respondents' stance on compliance with procedural rules. (Para 5 , 8 , 11 , 13) |
| 4. discussion on relevant rules and case law supporting suspension limits. (Para 9 , 10 , 12 , 14) |
| 5. conclusion on the invalidity of the suspension order. (Para 15 , 18 , 19) |
| 6. final order to quash the suspension and reinstate. (Para 20) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. M. K. Das, learned counsel appearing for the writ petitioner. Also heard Mr. D. Borah, learned Government Advocate, Assam appearing for the respondent Nos.5 and 6 and Ms. D. Bora, learned Standing Counsel, Health Department, Government of Assam.
2. The instant writ petition is filed praying for setting aside the impugned order bearing No.ECF No.635784 dated 08.04.2025 issued by the Director of Health Services (FW), Assam in pursuance to the Government letter No.ECF No.629331/264 DATD 07.07.2025, issued by the Additional Secretary to the Government of Assam, Health & Family Welfare Department, whereby the petitioner was placed under suspension from service under Rule 6 (1)(a) of t
Suspension without timely charge-sheet violates procedural safeguards, rendering it illegal per principles laid out in relevant Supreme Court ruling.
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
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.
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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