GAHC010252862025

2026:GAU-AS:891 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6656/2025 MAMTAZ BEGUM W/O AHMED ABDUL KUDDUS, RESIDENT OF ZURONI PATH, RGB ROAD, P.O. DISPUR, P.S. GEETA NAGAR, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, ADMINISTRATIVE REFORMS, TRAINING, PENSION AND PUBLIC GRIEVANCES DEPARTMENT, DISPUR, GUWAHATI-06

2:THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GUWAHATI-0 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A H M R CHOUDHURY Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 27-01-2026 Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A.H.M.R.

Choudhury, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Sr.

Govt. Advocate, Assam appearing for the State respondents.

2. The challenge in the present writ petition is to the prolonged suspension as effected in the case of the petitioner after she came to be placed under suspension vide issuance of an order dated 14-02-2024, invoking the provisions of Rule 6(2) of the Assam Service (Discipline & Appeal) Rules, 1964 (in short the Rules of 1964).

3. The petitioner while working as a Junior Assistant in the establishment of the Director of Pension, Assam came to be arrested on 08-02-2024 in connection with ACB PS Case No. 15/2024 under Section 120B IPC read with Section 7(a) of the Prevention of Corruption Act, 1988. The petitioner on being placed under arrest and having spent more than 48 hours in detention, the Director of Pension, Assam vide order dated 14-02-2024 proceeded to place the petitioner under suspension w.e.f. 08-02-2024 by invoking the provisions of Rule 6(2) of the Rules of 1964.

The petitioner was, thereafter, enlarged on bail by the Court of the learned Special Judge, Assam vide order dated 12-03-2024 and she was released from detention on 14- 03-2024. After being released from detention, the petitioner was served with a show- cause notice dated 30-04-2024 drawing a Disciplinary Proceeding against her. The petitioner on 09-05-2024 submitted her written statement against the said show-cause notice dated 30-04-2024. Upon submission of the written statement, a departmental enquiry was directed to be held in the matter and the petitioner was directed to be present before the Enquiry Officer. During the pendency of the said proceeding, the Director of Pension, Assam vide a show-cause notice dated 08-08-2025 proceeded to frame additional charges against the petitioner, herein. The petitioner vide her written statement dated 16-08-2025 responded to the additional charges now framed against her vide the show cause notice dated 08-08-2025. The petitioner being aggrieved by her prolonged suspension and no review, thereof, being carried out, has approached this Court by way of instituting the present proceeding assailing the prolonged suspension as resorted to by the respondent authority in her case.

4. Mr. H.R.A. Choudhury, learned Sr. counsel for the petitioner has submitted that while a Disciplinary Proceeding was instituted against the petitioner vide issuance of a show cause notice dated 30-04-2024, no order came to accompany the said show cause notice, towards extending the period of suspension of the petitioner upon review of the same. He submits that the respondent authorities having not reviewed the suspension of the petitioner, the continued suspension of the petitioner is in violation of the decision of the Hon’ble Supreme Court rendered in the case of Ajay Kr. Choudhary Vs. UoI & Anr. reported in (2015) 7 SCC 291. He submits that in terms of the said decision it is a mandatory requirement that along with the memorandum of charge so served upon the delinquent officer/ employee, a reasoned order is requisite to be so passed for extension of the period of suspension. Mr. Choudhury submits that no such order extending the p