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JOSE CHERIAN v. NORTH EASTERN HILL UNIVERSITY (NEHU) AND ANR.

Court: High Court of Meghalaya

Bench: HON'BLE MR. JUSTICE H. S. THANGKHIEW

Judgment date:

Case summary

High Court of Meghalaya judgment dated 2024-12-17. JOSE CHERIAN v. NORTH EASTERN HILL UNIVERSITY (NEHU) AND ANR. Read the judgment and case details on...

Judgment text

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: 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 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 Signature Not Verified 3 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2024. 12. 17 20:03:05 IST

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.