JNANENDRA CHAKRAVORTY Vs. STATE OF ASSAM AND 3 ORS REP BY COMMISSIONER
HIGH COURT OF GAUHATI
State Of Assam And 3 Ors Rep By Commissioner
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Michael Zothankhuma, J. -
(1.) Heard Mr. S. Borthakur, learned counsel for the petitioner as well as Mr. S.P. Bhattacharjee, learned counsel for the respondents.
(2.) The petitioner, who is working as an Assistant Teacher at Raitkuchi Lokopriya Mozuliya Bidyalay under Nalbari District was placed under suspension vide order dated 29.11.2017. As no memorandum of charge/charge-sheet had been filed against the petitioner, even after a lapse of 3(three) months, the petitioner claims reinstatement into service, in view of the law laid down by Apex Court in Ajay Kumar Choudhary Vs- Union of India, 2015 7 SCC 291.
(3.) The counsel for the respondents submits that the law laid down by the Apex Court in Ajay Kumar Choudhary Vs- Union of India is with regard to suspension made under the CCS CCA, Rules, 1964. He submits that the petitioner herein has been suspended under the Assam Services (Disciplinary and Appeals) Rules, 1964 and as such, the said judgment cannot be made applicable to the present case.;
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