NIRMALENDU SAHA Vs. NORTH-EASTERN HILL UNIVERSITY

JUDGEMENT

(1.) The writ petitioner who is serving as a Professor in the Department of Zoology in the North Eastern Hill University (NEHU), Shillong, was suspended by an order dtd. 19/6/2025, consequent upon his arrest by the Central Bureau of Investigation (CBI), based on an FIR dtd. 11/6/2025. In view of his being in custody for more than 48 hours, the petitioner was deemed to have been placed under suspension w.e.f. 11/6/2025, in terms of Rule 10 (2) of the Central Civil Services (CCA) Rules, 1965.

(2.) The limited prayer before this Court at this stage is only on the ground that 90 days have since elapsed after the suspension of the petitioner and the continuation thereof, without review, is illegal and arbitrary and in contravention of Rule 10 (6) which mandates that an order of suspension made or deemed to have been made by under the said Rule, shall be reviewed by the authority competent to modify or revoke the suspension before the expiry of 90 days from the effective date of suspension.

(3.) It is argued by Mr. S.Pandey, learned counsel on behalf of the petitioner that 90 days had lapsed on 16/10/2025, and till date no review has been initiated by the respondents with regard to the suspension. He therefore, prays by operation of law, the petitioner be reinstated into service forthwith. In support of his submissions, learned counsel has placed reliance on a judgment of this Court dtd. 16/7/2024, passed in WP(C). No. 129 of 2024 in the case of Nantu Das v. North Eastern Hill University, Meghalaya.