MAHADEO SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application, has been filed challenging the legality and the validity of the order of : suspension dated 31.10.94 issued by the Superintendent of Police, Kamrup, Guwahati. That order is quoted below : " D.O. No. 1143 Dated 31.10.94 The following S. Is are placed under suspension with immediately effect for their involvement in Dispur P.S. Case No. 458/94 u/s 460/471/421/120 (B) IPC R/W Sec. 12 (1) (a) of I.P.P. Act, 1967. 1. S.I. Sujit Sanmah of Rangia P.S.

(2.) S.I. Mahadeo Singh of Hajo P.S. The drawal of departmental proceedings have already been ordered vide the Office D.O. No. 1907 dated 17.9.96 and D.O. No. 1008 dtd. 17.9.94 respectively. During the period of suspension they will get S/A as admissible under the rules." 2. At the relevant time the petitioner was the Officer-in-charge of Hajo P.S. and thereafter he was placed under suspension. Earlier to it, by Annexure-2 the petitioner was informed that a departmental proceeding shall be drawn against him. It is stated that till today no departmental proceedings has been initiated as against the petitioner. The order of suspension is challenged on the following ground : 1. That the order of suspension cannot continue beyond 6 months if the charges are not framed and in support of this reliance is placed in the executive instruction issued by the authority. 2. Reliance is also placed in the Notification dated 2.3.71 which states inter-alia that public interest should be the guiding factor in deciding to place a Govt. servant under suspension . The disciplinary authority should not suspend a Govt. servant lightly and without sufficient justification and they should exercise their discretion with utmost care.

(3.) Suspension is a liability to the authority and as such the authority should be cautious enough to place a person under suspension.