Suspension without timely charge-sheet violates procedural safeguards, rendering it illegal per principles laid out in relevant Supreme Court ruling.

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 the Assam Services (Discipline & Appeal) Rules, 1964.

3. It is the case of the petitioner that the petitioner has been serving as a Head Assistant in the office of the Additional Chief Medical and Health Officer (FW), Sribhumi for last 40 years without any blemish from any corner and he is due to retire from service on 31.12.2026 on superannuation. It is contended by the petitioner that a complaint was lodged on 08.03.2025 by one Mrs. Madhumita Chanda, Field Worker, Urban Unit, Karimganj Civil Hospital alleging sexual harassment at workplace under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. In view of the aforesaid complaint, an Internal Committee was constituted under the aforesaid Act of 2013 which conducted an enquiry into the allegation and submitted its report on 18.03.2025 concluding that it could not be able to come to a conclusion due to lack of supporting evidence from both the parties. However, the Committee suggested for suspension of the petitioner without assigning any reason though the allegations were alleged to have been not proved. Thereafter, based on the report of Internal Committee, the Director of Health Services (FW), Assam vide order dated 08.04.2025 placed the petitioner under suspension from service by invoking the provision under Rule 6 (1)(a) of the Assam Services (Discipline & Appeal) Rules, 1964 with immediate effect. It is contended by the petitioner that after putting the petitioner under suspension, the State respondents have not submitted any memorandum of charges/charge-sheet against him in spite of the lapse of three months period from the date of suspension. It is also contended that the State respondents have not reviewed the aforesaid suspension order for extension.

4. It is the specific case of the petitioner that since no review of the suspension has been carried out by the respondent State together with the fact that no charge- sheet/memorandum of charges has been filed within the period of 90 days, the suspension of the petitioner becomes illegal as in violation of the provisions of the Assam Services (Discipline & Appeal) Rules, 1964 as well as the ratio laid down by the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India and another , reported in (2015) 7 SCC 291 .

5. An affidavit-in-opposition in the instant case has been filed by the respondent No.4 i.e. the Director of Health Services (FW), Assam wherein the stand of the Department is that a show-cause notice and statement of allegations have already been served on the petitioner, vide letter No.ECF No.635784 dated 11.09.2025. It is further contended that the petitioner has also submitted a written representation on 19.09.2025 requesting examination of enquiry reports,