BULBUL CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr.J.I.Borbhuiya, learned counsel for the petitioner. Also heard Mr. B.Kaushik, learned counsel for the Secondary Education Department.

(2.) The petitioner herein prays for setting aside his suspension order dtd. 27/2/2024 which was effective from 18/1/2024, on the ground that no charge sheet has been filed in the departmental proceeding initiated against, within 3 months days from the date of effect of the suspension order, besides no review having taken place within the said period of three months for extension of the suspension order.

(3.) The petitioner's counsel submits that in terms of the Judgement of the Supreme Court in the case of Ajay Kumar Choudhury Vs. Union of India and Anr. reported in (2015) 7 SCC 291, the currency of a suspension order should not extend beyond three months, if within this period, the memorandum of charge/charge sheet is not served on the delinquent officer/ employee. However, the currency of a suspension order could be extended beyond three months if a memorandum of charge/charge sheet is issued within three months of the operation of suspension order, subject to a further condition that a review for extension of the suspension period is to be made by the State respondents.