HITESH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P Mahanta, the learned counsel appearing on behalf of the petitioner and Mr. B Gogoi, the learned counsel appearing on behalf of the respondents.

(2.) The case of the petitioner is that the petitioner was arrested on 11/1/2022 in connection with ACB PS Case No. 02/2022, registered under Ss. 7(a)/13(2) of the Prevention of Corruption Act, 1988. Thereupon the petitioner was released on bail by the Special Judge, Guwahati vide the order dtd. 19/2/2023. The petitioner was placed under suspension pending drawal of disciplinary proceeding on 12/1/2022 but till date neither the order of suspension has been revoked nor the respondent authorities has passed reasoned order extending the same. .

(3.) The case of the petitioner herein is that three months have already elapsed from the date the petitioner has been put under suspension, but till date, neither any Memorandum of charge/charge-sheet has been served upon the petitioner, and as such, by virtue of the law laid down by the Supreme Court in the case Ajay Kumar Choudhary vs. The Union of India, reported in (2015) 7 SCC 291, the further continuation of the suspension of the petitioner would in contravention to the law declared by the Supreme Court in the case Ajay Kumar Choudhary (supra).