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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
State Of Assam Represented By The Commissioner And Secretary Govt. – Appellant
Versus
Dipankar Kalita S/o. Late Surendra Ch.Kalita – Respondent
Judgment :
M. Zothankhuma, J.
1. Heard Mr. D. Nath, learned Senior Government Advocate for the appellants State and Mr. M. Sarma, learned counsel for the sole respondent.
2. The appellants have put to challenge the impugned judgment and order dated 08.05.2024, passed by the learned Single Judge in WP(C) 1467/2024, wherein the suspension of the petitioner has been set aside, on the ground that no order for extension or review of the suspension order had been passed by the State appellants, prior to the expiry of three months’ period after the initial suspension order had been issued. The learned Single Judge thus held that the order of extension of the suspension, subsequent to the expiry of three months from the date of taking effect of the suspension order, would not cure the defect of not having undertaken a review for continuing the suspension order. The above decision had been made in terms of the judgment of the Supreme Court in the case of Ajay Kumar Choudhary vs. Union of India and others, reported in (2015) 7 SCC 291 and the decision of the Division Bench of this Court in Rakibuddin Ahmed vs. State of Assam and Others, reported in 2019 (5) GLT 600, which was in relation to a c
Suspension orders in disciplinary proceedings must be reviewed within 90 days; otherwise, they become invalid, ensuring the right to a fair trial and administrative efficiency.
A suspension order cannot extend beyond three months without a charge sheet and review, as established in Ajay Kumar Choudhary vs. Union of India.
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
The main legal point established in the judgment is that a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the sus....
The main legal point established is that a suspension order should not exceed beyond three months without a reasoned order for extension, as mandated by the decision of the Hon’ble Supreme Court.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
Continued suspension without charge sheet issuance past 90 days isn't automatically void; justification based on severity of allegations and public interest may uphold the extension.
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