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1990 Supreme(SC) 199

K.JAGANNATHA SHETTY, M.FATHIMA BEEVI
Director General And Inspector General Of Police, A. P. , Hyderabad – Appellant
Versus
K. Ratnagiri – Respondent


Advocates:
B.RAJESHVAR RAO, H.S.GURU RAJ RAO, K.Madhava Reddy, Manjula Gupta, SUNITA RAO, T.V.S.N.Chari, VIMAL DAVE

Judgement Key Points

The judgement clarifies that an order of suspension in the context of civil services rules, specifically under R. 13(1), does not automatically become invalid after six months. It states that the suspension order remains in effect until it is revoked by the appropriate authority, and the requirement to report to the government after six months does not mean the suspension ends automatically. The order of suspension can be continued beyond six months if it is properly reviewed and renewed, and the mere passage of six months does not invalidate the suspension.

Therefore, the judgement does not support the idea that a police officer, or any civil servant, cannot be kept under suspension for more than six months. Instead, it indicates that suspension can be extended beyond six months with proper procedures, and it remains valid until explicitly revoked.


Judgment

K. JAGANNATHA SHETTY, J.:- Special leave granted.

2. The respondent in this appeal K. Ratnagiri was at the material time Circle Inspector of Police attached to Sanjeeva Reddy Nagar Police Station, Hyderabad. In that police station one U. Narasimha died in Police lock up. Pending prosecution with regard to that offence, the Director General of Police made an order keeping the respondent under suspension. The order reads :

"Sri K. Ratnagiri, Circle Inspector of Police, Sanjiva Reddy Nagar P.S. Hyderabad is placed under suspension with immediate effect in public interest until further orders pending prosecution against him in the case of. death of U. Narasimha in Police lock-up".

3. The respondent appealed to the Andhra Pradesh Administrative Tribunal. The Tribunal has set aside the suspension order holding that the respondent shall be deemed to be in service from the date of issue of suspension order. The Tribunal, however, has reserved liberty to the Government to transfer him to any other Police Station. It has been held that the order of suspension becomes invalid after the period of six months since the Government did not make a fresh order extending the period of suspension
















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