WP(C) 1971/2007 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI JUDGMENT AND ORDER (ORAL) An order of suspension dated 13.4.2007 passed against the petitioner has been put to challenge in the present writ petition. 2. Having regard to the fact that all requisite materials are before the Co urt and all contesting parties are duly represented, the Court is of the view th at the writ petition should be disposed of at this stage. 3. A reading of the order dated 13.4.2007 would go to show that the suspens ion of the petitioner was felt necessary by the authority on account of his inv olvement in a Police Case registered and numbered as Dispur PS Case No.396 of 20 07. In the order of suspension it has also been recited that the incident in que stion had received wide publicity in several newspapers published from Guwahati. 4. The scope of the writ petition being what has been noticed and the groun ds for suspension being the pendency of the Criminal Case against the petitioner , the Court had thought it appropriate to call for the Case Diary of Dispur PS C ase No.396 of 2007. The Case Diary, as placed before the Court, was duly perused on 17.5.2007. On the said date, the Court passed an order directing the Senior Superintendent of Police,Kamrup, Guwahati to go through the Case Diary and expre ss his views as to whether the investigation of the said Police Case has been c arried out in a proper manner and to suggest the necessity of any direction with regard to the investigation of the said Police Case. Accordingly, the matter wa s fixed for consideration today. 5. At the hearing today the learned Government Advocate has placed before t he Court the report of the Senior Superintendent of Police, Guwahati dated 22.5. 2007. The said authority, after reciting the details of the investigation carrie d out including the names of the persons examined by the Investigating Officer, has recorded his opinion that till date sufficient materials or evidence could n ot be collected against the accused writ petitioner. The Senior Superintendent o f Police, Kamrup, Guwahati has further opined that no specific direction for car rying out the investigation in any particular manner is required, which conclusi on is suggestive of the fact that the investigation is on the right track. 6. The petitioner has been placed under suspension on account of pendency o f the Criminal Case, wherein he is the accused. The report of the Senior Superi ntendent of Police, Guwahati is to the effect that sufficient materials could n ot be collected against the petitioner till date. A period of almost 2(two) mont hs has expired since the institution of the F.I.R. and the commencement of the i nvestigation of the Police Case. In such circumstances, when the institution and pendency of the Criminal Case is the sole basis for the suspension of the petit ioner, the more reasonable reasonable view would be that there is no further jus tification for the suspension of the petitioner. 7. Accordingly, the Court is of the view that this writ petition should be allowed and the impugned suspension order dated 13.4.2007 should be interfered w ith, which I hereby do. However, it is made clear that the present order will, c ertainly, not be construed as an impediment in carrying out further investigatio n of the case and passing such other further orders including initiation of the departmental proceeding against the petitioner, if considered necessary by the c ompetent authority.