Santanu Das vs The State Of Assam And Anr
2022 Latest Caselaw 1170 Gua

                                                                    Page No.# 1/2

GAHC010063232022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/2311/2022

            SANTANU DAS
            S/O SRI TARUN CH. KACHARI, R/O FLAT NO. 2A, 2ND FLOOR, OM
            ENCLAVE, LAKHIMINAGAR, P.O. AND P.S.-HATIGAON, DIST- KAMRUP,
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
            DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR, GUWAHATI-6

            2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
             DEPARTMENT OF HOUSING AND URBAN AFFAIRS
             DISPUR
             GUWAHATI-

Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

Date : 01.04.2022

Heard Mr. N. Haque, learned counsel for the petitioner who submits that the petitioner was suspended on 05.08.2021 w.e.f. 01.07.2021.

He submits that in terms of the judgment of the Apex Court in Ajay Kumar Choudhury Vs. Union of India and Others, reported in (2015) 7 SCC 291, the suspension order cannot be sustained unless Charge-sheet or Memo of Charge is submitted within three months from the day of the suspension order.

Mr. T. C. Chutia, learned counsel for the respondent submits that he would like to obtain instructions, as to whether a review had been undertaken for extending the suspension order, within a period of three months from the date of the suspension order. He submits that he would also like to obtain instructions as to whether the departmental proceeding has been initiated.

List the matter on 08.04.2022.

JUDGE

Comparing Assistant