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2008 Supreme(Del) 1210

SURESH KAIT, MADAN B.LOKUR
Government of National Capital Territory of Delhi – Appellant
Versus
Beena Mehra – Respondent


Advocates Appeared:
Ms. Avnish Ahlawat with Mr. Saurabh Chadha, Ms. Nidhi Gupta and Ms. Simran, Advocates
Mr. Shyam Babu, Advocate

MADAN B. LOKUR, J

1. The question posed for our consideration is whether, after revocation of a suspension order, passing a second suspension order against the Respondent on the same day is permissible or not. Our answer to the question is in the affirmative and in the given facts of the case the second suspension order was validly passed.

2. The Respondent was working as a Naib Tehsildar and it was alleged that she had accepted illegal gratification of Rs.10,000/- from a complainant. The Anti Corruption Branch of the Delhi Government arrested her and a First Information Report was lodged under the Prevention of Corruption Act, 1988. Since the Respondent was in custody for more than 48 hours, she was deemed to be under suspension from 20th October, 2004 the date of her arrest. A formal order of suspension was, however, passed in this regard only on 5th December, 2004

3. In terms of the extant rules, the Respondent”s suspension was required to be reviewed after 90 days from the date of her deemed suspension. Consequently, the review was required to take place before 20th January, 2005 but it was not held. Notwithstanding this, the Respondent continued to be under suspension until h



















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