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ARUP KUMAR GOSWAMI, DEEPAK KUMAR TIWARI
Manisha Pathak W/o Shri Yogesh Kumar Chelik – Appellant
Versus
State of Chhattisgarh Through its Secretary, Department of Health/Family Welfare – Respondent
JUDGMENT :
Heard Mr. Abhishek Pandey, learned counsel, appearing for the appellant. Also heard Ms. Astha Shukla, learned Government Advocate, appearing for the respondents.
2. This appeal is presented against an order dated 22.07.2022 passed by the learned Single Judge in WPS No. 4883 of 2022, disposing of the writ petition with certain observations.
3. The writ petition was filed essentially raising a grievance with regard to an order of suspension dated 22.03.2022.
4. The writ petitioner is working on the post of Pharmacist Grade II in District Hospital, Bemetara.
5. After suspension of the writ petitioner, a charge-sheet was issued on 22.04.2022. The charge reads as under:
6. Though a period of 90 days had elapsed from the date of suspension on 22.03.2022, no order of extension was issued and the petitioner continued to remain under suspension and it i
The main legal point established is that a suspension order should not exceed beyond three months without a reasoned order for extension, as mandated by the decision of the Hon’ble Supreme Court.
Suspension orders in disciplinary proceedings must be reviewed within 90 days; otherwise, they become invalid, ensuring the right to a fair trial and administrative efficiency.
The main legal point established in the judgment is that the extension of suspension orders must be passed within 90 days of the suspension, as directed by Ajay Kumar Choudhary (supra).
Continued suspension without charge sheet issuance past 90 days isn't automatically void; justification based on severity of allegations and public interest may uphold the extension.
Suspension valid if reviewed within 90 days from effective date (receipt); delay in charge-sheet justified for serious embezzlement probe.
Suspension review period starts from effective date; valid extension within 90 days despite delayed charge sheet in grave embezzlement cases.
Suspension valid if reviewed within 90 days from effective date; delay in charge sheet justified by investigation complexity in large embezzlement.
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