27/08 2026 AD/04/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/7067/2026 SUVOMOY BISWAS VS THE STATE OF WEST BENGAL & ORS. Mr. Pradip Kumar Roy, Sr. Advocate Ms. Soumita Chakraborty, Advocate ……for the Petitioner Mr. D.N. Roy, learned Government Pleader Mr. Amrita Lal Dhar, Advocate Mr. Sudipta Ghosh, Advocate ……for the State 1. Affidavit of service and Supplementary Affidavit, filed on behalf of the petitioner, be kept with the record. 2. The petitioner is aggrieved that the suspension order dated 29.12.2022 has not been reviewed within the statutory mandated period of 90 days. In fact, the petitioner has been kept in suspension since 2022 without any disciplinary proceedings being undertaken against him. 3. The petitioner cannot be kept in suspension for eternity. The entire purpose of keeping an incumbent on suspension is to ensure that such a person does not have any opportunity of prejudicing the proceedings, which may be undertaken against him, and also to decide within the interregnum period whether the petitioner is liable to face a disciplinary proceeding. 4. In this case, the petitioner has been kept in a state of suspended animation since December 2022, without any decision being taken by the review committee as to whether the petitioner should face a disciplinary proceeding or not. P a g e | 2 5. However, it appears that the order of suspension dated 29.12.2022 has been conveniently marked as "a suspension until further orders". The petitioner, by virtue of this order of suspension, has been kept under suspension till date. 6. The very essence of a speedy and fair trial has been grossly denied to the petitioner. 7. The authorities are directed to constitute a review committee and immediately consider the reinstatement of the petitioner or suspension, based on requisite documents. 8. This process should be completed by 30.09.2026. In default, the petitioner will be entitled to be reinstated in service and join the same from 01.10.2026. 9. In the event the review committee is constituted and reviews the suspension order, it should also review the issue of reinstatement of the petitioner at a different place of posting. 10. If, in the event, the review committee decides to initiate disciplinary proceedings against the petitioner, the same will be concluded by 31.12.2026. 11. Needless to say that the petitioner will be given all documents which will be relied upon by the authorities in the event the disciplinary proceedings are initiated, and will be given a fair opportunity of hearing, and a right of examination of witness and cross-examination of witnesses. 12. The examination of the witnesses to be done by the authorities, must be in the presence of the petitioner. P a g e | 3 13. With the afore-stated directions, the writ-petition is disposed of. No order as to costs. 14. All parties to act on a server copy of this order duly downloaded from the official website of this Court. (Reetobroto Kumar Mitra, J.)