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PARTH PRATEEM SAHU, ARUP KUMAR GOSWAMI
State of Chhattisgarh, through the Secretary, Home (Police) Department – Appellant
Versus
Rajnesh Singh, S/o. Shri S. R. Singh – Respondent
JUDGMENT :
Arup Kumar Goswami, J.
Heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for the petitioners. Also heard Mr. A.K. Behra, learned senior counsel, assisted by Mr. Praveen Das and Mr. Abhishek Gupta, learned counsel, appearing for the applicant / respondent No. 1 herein as well as Mr. Ramakant Mishra, learned Assistant Solicitor General alongwith Mr. Tushar Dhar Diwan, learned Central Government counsel, appearing for the respondent No. 2.
2. This writ petition is filed challenging an order dated 16.11.2021 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short, the CAT) in Original Application No.203/573/2020 (for short, the OA) filed by the applicant by which the OA was partly allowed.
3. By the said OA, the applicant had challenged an order dated 09.02.2019 whereby, in exercise of powers conferred under Section 3(1) of the All India Services (Discipline and Appeal) Rules, 1969, for short, “the Rules of 1969”, the applicant was suspended in contemplation of disciplinary enquiry as also the orders dated 08.04.2019, 05.08.2019, 30.01.2020 and 28.07.2020, whereby the period of suspension was extended in terms of Rule 3(8)(d) for a pe
Suspension valid if reviewed by Committee before 90 days expiry even if formal order issued shortly after; identical provisions in CCS Rules and ESIC Regulations; competent authority includes Discipl....
The court upheld the legitimacy of the applicant's suspension extension under CCS (CCA) Rules due to ongoing criminal proceedings concerning moral turpitude, justifying the action despite the duratio....
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
Prolonged suspension of a government employee without timely inquiry or a reasoned order for extension is unreasonable and violates principles of natural justice and the right to a speedy trial.
Prolonged suspension of a government employee without timely inquiry and review is unreasonable and violates principles of natural justice and the right to a speedy trial.
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