RAKIBUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) A learned Single Judge of this Court has made the present reference vide order dated 22.07.2019 passed in the instant writ petition.

(2.) The issue involved is with regard to suspension from service of a Government servant as laid down in the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter may be referred to as the 1964 Rules). Before going to the Reference, a brief background is required to be narrated.

(3.) The Hon'ble Supreme Court in the case of Ajay Kumar Choudhury vs. The Union of India and Anr.,2015 7 SSC 291has laid down that an order of suspension cannot extend beyond 3(three) months if within this period, the memorandum of charges/charge-sheet is not served on the delinquent officer/employee; if the memorandum of charges/charge-sheet is served, a reasoned order must be passed for the extension of the suspension.