Back
SANDEEP KUMAR
Ranjeet Kumar Rajak – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.
The present writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:—
“i. For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No.7757 dated 23.06.2025 whereby and where under the petitioner (substantively appointed as Deputy Superintendent of Police) has been suspended from service in exercise of powers conferred under Rule 9(1)(a)(c) of the Bihar C.C.A. Rules, 2005 as well as Paragraph No.04 (ii) of letter number 17796 dated 21.09.2023 issued by the General Administration Department, Government of Bihar, Patna.
ii. For issuance of an order, direction or a writ of certiorari for quashing and setting aside Memo No.6288 dated 21.05.2025 to the extent to which the suspension of the petitioner was revoked w.e.f. date of issuance of order instead of revoking the suspension w.e.f. 15.09.2022 as deemed suspension of the petitioner from the date of his detention was deemed to have ended on the date of joining after release from custody on operation of legal fiction stipulated in Rule 9(3)(i) of the CCA Rules, 2005. The petitioner also assails Paragraph No.4 of the
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
The main legal point established is that a suspension order must be reviewed within 90 days as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and failure to do so ma....
When an administrative decision is illogical or suffers from procedural impropriety or it shocks conscious of Court in a sense that it is in defiance of logic or moral standards, power of judicial re....
The court affirmed that a suspension order can be validly extended and that an employee may waive rights to challenge such orders pending disciplinary proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
