S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, who was posted in the Primary Health Centre, Tarpa, Ranch! as Assistant, was suspended on 4th August, 2000. He having continued under suspension without any initiation of departmental proceeding, challenged the order of suspension on 27th February, 2003 before this Court after serving a copy of the writ petition on the counsel for the State. Though more than three years have passed after service of copy, no affidavit has been filed by the respondents.
(2.) COUNSEL for the respondents submitted that the standing counsel has received statement of fact in the form of counter affidavit, a copy of which has been produced. From the enclosure attached to the statement of fact, they have suggested that the petitioner is being paid subsistence allowance. It has not been disputed that the petitioner is under suspension for about 6 -1/2 years and there is nothing on the record to suggest that any charge -sheet has been Issued.
(3.) IN the facts and circumstances, this Court has no other option but to set aside the order of suspension dated 4th August, 2000. The petitioner stands reinstated to his post and direction is given to the respondents to issue a notification of posting in regard to petitioner.;