WP(C)/453/2024 of JOSE CHERIAN Vs NORTH EASTERN HILL UNIVERSITY (NEHU) AND ANR. on 17 December 2024

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 inLaw journals etc:

Yes/No

ii)Whether approved for publicationin press:

Yes/No

JUDGMENT AND ORDER (ORAL)

1. The petitioner who is stated to be serving as an Executive Engineerunder 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, andas such by the efflux of time, and as per the extension order, the petitioneris liable to be reinstated to his post. It is further submitted that the writpetitioner is also due to retire on 30-06-2025.

2. Mr. S.Sen, learned counsel on behalf of the respondent Universityhas submitted that due to the prevailing situation in the University, thoughit had been contemplated to extend the suspension of the writ petitioner asthe nature of allegations are serious, the same could not be affected. Hehowever, submits as the departmental proceedings are going on, therespondent University be allowed to complete the same.

3. On hearing the counsel for the petitioner, it is seen that the point inissue in this writ petition is short and confined only to the last extension ofthe suspension order dated 05-08-2024. A perusal of the same indicatesthat the respondent University in pursuance to an Emergent ExecutiveCouncil decision held on 05-08-2024, had extended the suspension foranother 90 days w.e.f. 06-08-2024.As the said period is since over, it therefore naturally follows that the writ petitioner is entitled to bereinstated. The same is ordered accordingly. Needless to add, thedepartmental proceedings which are underway may be concludedexpeditiously at the earliest.

4. With the above directions, the matter stands closed and disposed of.

Judge