Service Law - Government Employees - Suspension, Periodic Review and Law

Hon'ble Gauhati High Court has given some important Judgments. 

In Nipu Kalita v State of Assam [2021] GCtR 783 (Gauhati) [Dt. 22 April 2021 in WP(C) 853/2020] an important issue of service law was decided. It shows brilliance of Hon'ble J. Sanjay Kumar Medhi. The issue here was related "to suspension of Government servant and the need for periodic review of the same".

In this case, petitioner was a police officer. Petitioner argued, at para 7, that "review after expiry of 60 days from the date of suspension is no review in the eye of law". 

It was held, at para 20 that "even a decision of a Co-ordinate Bench is binding on another Co-ordinate Bench and only if some major difference in opinion occurs, the Court may refer the matter to Hon’ble the Chief Justice to consider whether the issue needs to be placed before a Larger Bench." Finally, the Judgment of Rekibuddin Ahmed v State of Assam [2019] GCtR 610 (Gauhati) was also approved and it was held, at para 21, that when the "orders of suspension which are not reviewed within a period of 90 days and where the show cause notice has not been issued" then such suspensions orders have to be quashed.