2024:MLHC:1166
Serial No.14
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 453 of 2024
Date of Decision : 17.12.2024
Shri. Jose Cherian.
…Petitioner
-Versus-
1. North Eastern Hill University (NEHU)
Represented by the Vice Chancellor,
Shillong.
2. Registrar of North Eastern Hill University
(NEHU), Shillong.
…Respondents
Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. S.P.Mahanta, Sr. Adv. with
Mr. L.M.Sangma, Adv.
Mr. D.Dkhar, Adv.
For the Respondent(s) : Mr. S.Sen, SC NEHU.
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
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2024:MLHC:1166
JUDGMENT AND ORDER (ORAL)
1. The petitioner who is stated to be serving as an Executive Engineer
under the respondent University was placed under suspension on 08-05-
2024, which was thereafter extended for another period of 90 days on 05-
08-2024. The period of extension, it has been contended by the learned Sr.
counsel appearing for the petitioner has since expired on 04-11-2024, and
as such by the efflux of time, and as per the extension order, the petitioner
is liable to be reinstated to his post. It is further submitted that the writ
petitioner is also due to retire on 30-06-2025.
2. Mr. S.Sen, learned counsel on behalf of the respondent University
has submitted that due to the prevailing situation in the University, though
it had been contemplated to extend the suspension of the writ petitioner as
the nature of allegations are serious, the same could not be affected. He
however, submits as the departmental proceedings are going on, the
respondent University be allowed to complete the same.
3. On hearing the counsel for the petitioner, it is seen that the point in
issue in this writ petition is short and confined only to the last extension of
the suspension order dated 05-08-2024. A perusal of the same indicates
that the respondent University in pursuance to an Emergent Executive
Council decision held on 05-08-2024, had extended the suspension for
another 90 days w.e.f. 06-08-2024. As the said period is since over, it
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therefore naturally follows that the writ petitioner is entitled to be
reinstated. The same is ordered accordingly. Needless to add, the
departmental proceedings which are underway may be concluded
expeditiously at the earliest.
4. With the above directions, the matter stands closed and disposed of.
Judge
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Signature Not Verified
Digitally signed by
SAMANTHA ANNA LIYA
RYNJAH
Date: 2024.12.17 20:03:05 IST