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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Md. Bulbul Choudhury, S/O- Late Kubbad Ali – Appellant
Versus
State Of Assam Rep. By The Secretary To The Govt. Of Assam, Department Of School Education – Respondent
ORDER :
MICHAEL ZOTHANKHUMA, J.
Heard Mr.J.I.Borbhuiya, learned counsel for the petitioner. Also heard Mr. B.Kaushik, learned counsel for the Secondary Education Department.
2. The petitioner herein prays for setting aside his suspension order dated 27.02.2024 which was effective from 18.01.2024, on the ground that no charge sheet has been filed in the departmental proceeding initiated against, within 3 months days from the date of effect of the suspension order, besides no review having taken place within the said period of three months for extension of the suspension order.
3. The petitioner’s counsel submits that in terms of the Judgement of the Supreme Court in the case of Ajay Kumar Choudhury -vs- Union of India & anr. reported in (2015) 7 SCC 291, the currency of a suspension order should not extend beyond three months, if within this period, the memorandum of charge/charge sheet is not served on the delinquent officer/ employee. However, the currency of a suspension order could be extended beyond three months if a memorandum of charge/charge sheet is issued within three months of the operation of suspension order, subject to a further condition that a review for extension of th
A suspension order cannot extend beyond three months without a charge sheet and review, as established in Ajay Kumar Choudhary vs. Union of India.
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....
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
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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