Decided on September 26,2018

A K Adhyapok Appellant
State Of Assam And 3 Ors Respondents


Suman Shyam, J. - (1.) Heard Mr. S.K. Goswami, learned counsel appearing for the writ petitioner in both the writ petitions. I have also heard Mr. D. Saikia, learned Senior Additional Advocate General, Assam assisted by Mr. D.P. Borah, learned counsel appearing for the respondents.
(2.) These two writ petitions are founded on inter-related facts, raising common questions of law and, therefore, are being taken up for disposal by this common order at the stage of admission hearing with the consent of the learned counsel for both the parties.
(3.) The writ petitioner herein is a qualified Dental Surgeon and while working as the Professor and Head of the Department in the Oral and Maxillofacial Surgery Department in the Regional Dental College (RDC), Guwahati, he was promoted to the post of Principal by the order dated 16/05/2013. Since then, the petitioner had been discharging his duties as the Principal of the RDC, Guwahati. However, by the order dated 05/01/2018 issued by the respondent no.1, the petitioner was placed under suspension pending drawl of departmental proceeding against him. When the respondents had failed to serve charge memo upon the petitioner within the period of three months from the date of suspension, the petitioner had approached this Court by filing WP(C) No. 2863/2018, inter-alia, contending that in terms of the law laid down by the Hon'ble Supreme Court in the case of Ajay Kumar Choudhury Vs. Union of India and others, 2015 7 SCC 291, the order of suspension has already lapsed since the memorandum of charges had not been served upon the petitioner before the expiry of three months from the date of issuance of the same. During the pendency of the aforesaid writ petition, the respondent authorities had issued show cause notice dated 11/04/2018 calling upon the petitioner to submit his written statement of defense within 10(ten) days from the date of receipt of the same. Thereafter, on 08/05/2018, the respondent no.1 had issued a notification continuing the order of suspension of the petitioner until further orders. Aggrieved by the show cause notice dated 11/04/2018 as well as the notification dated 08/05/2018, the petitioner has preferred WP(C) No. 3038/2018.;

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