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Judgment
Subhro Kamalmukherjee, Actg. C. J. - Looking at the postal track record, we are satisfied that the respondent No. 2 is duly served.
This is an appeal against the order dated September 21, 2015 passed by the Hon''ble single Judge in Writ Petition No. 39607 of 2015.
By the impugned order, the Hon''ble single ; Judge dismissed the writ petition challenging 3 the order of suspension issued by the authorities.
The writ petitioner/appellant was placed under suspension on the contemplation of disciplinary proceedings. The order of suspension was issued on September 1, 2015. Till today, the charge-sheet has not been served on the writ petitioner/appellant.
We are fortified by the decision of the Supreme Court of India in the case of Ajay Kumar Choudhary v. Union of India and another, reported in (2015) 7 SCC 291, that, the currency of a suspension order should not extend beyond three months, if within the said period, the memorandum of charge-sheet is not served on the delinquent officer/employee.
As admittedly, the charge-sheet is not served on the delinquent officer/employee, we set-aside the order of the Hon''ble single Judge and quash the order of suspension dated September 1, 2015.
We direct the authorities to place the writ petitioner/appellant in appropriate place in the organization.
However, we express no opinion on the merits of the disciplinary proceeding and we direct the authorities to complete the disciplinary proceeding within a period of four months, peremptorily, from the date of communication of this order.
We make no order as to costs.