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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Bulang Marik, Son of Late Bulang Mangha – Appellant
Versus
State of AP, Represented by the Chief Secretary, Govt of Arunachal Pradesh, Civil Secretariat – Respondent
| Table of Content |
|---|
| 1. petitioner's suspension order and context. (Para 2 , 3 , 4 , 6) |
| 2. legal arguments regarding suspension review. (Para 5 , 11 , 21) |
| 3. court’s observations on statutory interpretations. (Para 7 , 10 , 12 , 18 , 29) |
| 4. supreme court's precedent on suspension rules. (Para 17 , 28) |
| 5. conclusion and order of the court. (Para 33 , 34) |
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
Heard learned counsel M. Kato for the petitioner and learned Senior Government Advocate Mr. S. Tapin for the respondent.
2. The petitioner Shri Bulang Marik has filed this petition to set aside and quash the impugned suspension order No. HOME-11011/11/2024/865 dated 02.06.2024 issued by the respondent No. 1 and to direct the respondent authorities to reinstate the service of the petitioner, from the date when he was suspended, and to direct the respondents to allow the consequential service benefits.
3. It is contended that the suspension order of the petitioner was not reviewed within 90 (Ninety) days as the petitioner was in custody. Thereafter, the petitioner was granted interim bail which was made absolute on 18.01.2025. An RTI application was filed to find out why the suspension order was not reviewed eve
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
The extension of suspension orders without the recommendation of the Review Committee and failure to extend the suspension within the prescribed period rendered the suspension orders invalid.
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....
Deemed suspension lapses automatically after 90 days if not reviewed and extended before expiry, when employee released from detention prior thereto; proviso to Rule 10(7) inapplicable. Subsequent ex....
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 court upheld the legitimacy of the applicant's suspension extension under CCS (CCA) Rules due to ongoing criminal proceedings concerning moral turpitude, justifying the action despite the duratio....
Suspension under CCS(CCA) Rules lapses if not reviewed before 90 days expiry; subsequent extensions cannot revive invalid order.
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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