DIPANKAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) An order of suspension of the petitioner dtd. 25/10/2023 is the subject matter of challenge in this writ petition. The primary ground of challenge is that though there was an order of extension of the suspension order of 19/2/2024, it was not within the mandate of 90 days from the date of suspension.

(2.) Heard Shri M. Sarma, learned counsel for the petitioner. Also heard Shri CKS Baruah, learned State Counsel appearing for the official respondents, who has also filed an affidavit-in-opposition on 8/4/2024.

(3.) Shri Sarma, learned counsel for the petitioner has submitted that the petitioner while discharging his duties as Assistant Commissioner, Kamrup was placed under suspension vide an order dtd. 25/10/2023. The aforesaid order of suspension was passed in consequence of the arrest and detention of the petitioner in a case under the Prevention of Corruption Act on 16/10/2023. Therefore, under Rule 6(2) of the Assam (Discipline and Appeal) Rules, 1964, he was placed under suspension w.e.f. 16/10/2023. The learned counsel for the petitioner has submitted that he was kept under suspension continuously and no order of periodic review was passed within the period of 3(three) months which is required under the law.