Suspension of Government Employee - Periodical review of suspension orders is mandatory

Gauhati High Court Directs Assam Government to Adhere to Suspension Review Protocols. Prolonged Suspension of Dr. Mridu Paban Nath Addressed with Mandate for Regular Reviews

In a significant judgment, the Gauhati High Court has directed the Assam Government to ensure strict adherence to the protocols governing the suspension of government employees, emphasizing the necessity for periodic reviews. The court was responding to a writ petition filed by Dr. Mridu Paban Nath, challenging his prolonged suspension as a government employee without timely reviews.

Dr. Nath was placed under suspension on June 28, 2024, by the Assam Medical Education and Research Department, following allegations of unauthorized absence and subsequent employment at a private hospital. Despite the issuance of a charge-sheet and an initial review of his suspension, Dr. Nath contended that further reviews were not conducted in the mandated three-month intervals, violating established guidelines.

Justice Kaushik Goswami, presiding over the case, highlighted the Office Memorandum dated February 4, 2020, which mandates a quarterly review of suspension orders and timely issuance of charge-sheets. This memorandum is aligned with the Supreme Court's judgment in the Ajay Kumar Choudhury case, which underscores the principles of fairness and proportionality in suspension matters.

The court noted that while the initial review of Dr. Nath's suspension was conducted within six months, subsequent reviews were delayed by over nine months, contravening the intent for continuous scrutiny as per the Office Memorandum. The judgment stressed that indefinite suspension without regular justification violates constitutional principles.

During the hearing, the State's counsel argued that the memorandum does not explicitly specify timelines for reviews beyond the first. However, the court concluded that the memorandum's spirit demands ongoing reviews every three months, ensuring that suspension orders do not extend indefinitely without reasoned justification.

The court directed the Assam Government to conduct periodic reviews every three months henceforth, ensuring timely scrutiny of suspension orders. It also instructed that subsistence allowances be paid regularly during the suspension period, in accordance with service rules.

This judgment serves as a crucial reminder to government authorities of their responsibility to uphold procedural safeguards and timelines, preventing unnecessary extensions of suspension that conflict with principles of fairness.

Bottom Line:

Suspension of Government Employee - Periodical review of suspension orders is mandatory every 3 months, as per Office Memorandum dated 04.02.2020, in line with principles of fairness and proportionality laid down by the Supreme Court in Ajay Kumar Choudhury case.

Statutory provision(s): Article 226 of the Constitution of India, Office Memorandum dated 04.02.2020, Ajay Kumar Choudhury v. The Union of India (2015) 7 SCC 291

Dr. Mridu Paban Nath v. State of Assam, (Gauhati) : Law Finder Doc Id # 2806890