Suspension Order Cannot Continue Beyond Period of 3 Months, If Charge Sheet Not Served

The High Court of Gauhati directed the State government to reinstate a government servant from the date she was suspended.

Background:

In this case, the petitioner worked as an  Assistant Conservator in the Divisional Forest Office but was suspended under Rule 6(2) of Assam Service Rules. As per the records, memorandum of charges was served upon the petitioner four years back through a show cause notice dated 08.09.2020, together with a statement of the allegation.

It was submitted that the petitioner did not get a subsistence allowance during her suspension. Reliance was placed on Rakibuddin Ahmed vs State of Assam and Ajay Kumar Choudhary vs Union of India.

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Observations of the Court:

In Ajay Kumar Chaudhary vs Union of India, the Court held that the suspension could not be for more than three months if the charge-sheet is not filed within three months and in case it is served reasons for the same must be recorded.

By relying on the observations mentioned-above, the Court Court that in the instant case, the charge sheet/memorandum was served after four years and in the Court’s opinion it would serve no purpose.

Order

The Hon’ble High Court directed the State government to reinstate the petitioner.

Title: Mrigen Barua vs the State of Assam

Date of Order: 11.12.2020

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