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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUMAN SHYAM
Tapok Ezing, S/o. Lt. Tano Ezing – Appellant
Versus
State of AP, through the Commissioner/Secretary (Education) – Respondent
ORDER :
SUMAN SHYAM, J.
Heard Mr. T.T. Tara, learned counsel for the petitioner. Also heard Mr. Taba Tagum learned standing counsel, Education Department appearing on behalf of the official respondents.
2. The writ petitioner herein was working as Head Master of Govt. Secondary School, Ngorlung, East Siang District in the State of Arunachal Pradesh when he was placed under suspension vide order dated 18-10-2023 issued by the respondent No. 1, i.e. the Commissioner (Education), Govt. of Arunachal Pradesh, Itanagar by invoking powers under Sub-Rule 2 of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on the ground that upon his arrest in connection with a criminal proceeding, the petitioner was detained in custody exceeding 48 hours. Since then, the petitioner is under suspension.
3. The writ petitioner was arrested on 05-10-2022 in connection with CBI PS Case No. RC172022A0009 registered under Sections 406/ 407/ 409/ 120B of IPC read with Section 7/ 8/ 13 of the P.C. Act, 1988.
4. By the order dated 10-01-2023 passed by the Special Judge (PCA), Yupia, Arunachal Pradesh in BA No. 6/2022 in connection with CBI PS Case No. RC172022A0009, the petitioner
A suspension order cannot extend beyond three months without a charge sheet and review, as established in Ajay Kumar Choudhary vs. Union of India.
Suspension orders must be reviewed within 90 days; indefinite suspension without charges violates CCS (CCA) Rules and principles of personal freedom.
Suspension orders must be reviewed within 90 days to remain valid; failure to do so renders them unsustainable.
Suspension orders must be reviewed within 90 days to remain valid; failure to do so invalidates the order.
Suspension orders must be reviewed within 90 days; failure to do so renders them invalid, emphasizing the right to a speedy trial.
Suspension orders must be reviewed within 90 days to remain valid; failure to do so renders them invalid.
Suspension orders under CCS (CCA) Rules must be reviewed within 90 days; indefinite suspension without charges violates personal freedom and the right to a speedy trial.
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