LEKHESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Mohammed, learned counsel for the petitioner, who submits that the petitioner has been placed under suspension w.e.f. 23/12/2020 and till date no Charge-Sheet/Memorandum of Charge has been filed against the petitioner.

(2.) Mr. D. Gogoi, learned counsel appearing for the Forest Department submits that no Charge-Sheet or Memorandum of Charge has been filed against the petitioner.

(3.) In view of the submissions made by the counsels for the parties and keeping in view the judgment of the Apex Court in Ajay Kumar Choudhary vs. Union of India and others, reported in (2015) 7 SCC 291, where it has been held that the suspension period should not be kept pending beyond 3 (three) months in the absence of a Charge-Sheet/Memorandum of Charge, the present suspension order is not sustainable any longer. Accordingly the suspension order is set aside. The petitioner should be reinstated immediately. However, liberty is given to the respondents, to transfer the petitioner to any office inside or outside the State, from where he will not have any opportunity to tamper with the evidence or come into contact with the witnesses of the case.