B K SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HERE is a case where the petitioner was put under suspension on 19.11.91 and thereafter though the departmental proceeding was initiated as against him, that proceeding has been prolonged without any fault on the part of the petitioner. The departmental proceeding is adjourned by the authority again and again. On 2.2.95 when this matter was moved, the learned GoVt. Advocate took time to receive instruction, but even today no instructions, have been received. Heard Mr. M.K. Choudhury learned counsel for the petitioner and Mr. Sharif, learned Govt. Advocate. After hearing the counsel of both sides arid on perusal of the materials on record, I direct that the departmental proceeding initiated as against the petitioner shall be completed within a period of 4 (four) months from today failing which the order of suspension dated 19.11.91 shall stand quashed and the petitioner shall be taken back in service immediately. But it is made dear that if the petitioner causes delay in the disposal of the proceeding, the period for which he causes delay or seeks adjournment that period shall be added to the period of 4 months. This disposes of this writ petition.