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MANMOHAN, NAVIN CHAWLA
Union Of India – Appellant
Versus
Vikram Bhasin – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the Order dated 11th May 2021 passed by the Central Administrative Tribunal (hereinafter referred to as 'Tribunal') in OA No.871/2021.
3. Learned Counsel for the petitioner states that the respondent was posted as Superintendent (Jewellery Appraiser) in the office of Commissioner of Customs at IGI Airport and was serving on the same post till his suspension. He states that on 03rd June, 2019, the respondent was placed under suspension in contemplation of the disciplinary proceedings. He states that his suspension was initially for a period of ninety days and thereafter, it was extended from time to time in the spells of one hundred and eighty days.
4. Learned Counsel for the petitioner states that in the impugned order the Tribunal has directed that the suspension of the applicant/respondent shall not be continued, once the present extension of time expires. He states that the Tribunal further directed that the applicant/respondent be reinstated in service soon thereafter.
5. Learned Counsel for the petitioner submits that the Tribunal erred in holding th
Unreasonable delay in filing chargesheet and concluding the investigation cannot be a ground for continuing the suspension of an employee.
An employee cannot be suspended without justification if there are delays in disciplinary proceedings, which should not penalize them for institutional delays.
A suspension order becomes invalid if not reviewed within 90 days as per CCS (CCA) Rules, entitling the respondent to continuity in service and salary from the dissolution date.
Deemed suspension under CCS (CCA) Rules cannot exceed two years from bail release if no departmental charge-sheet issued; prolonged suspension without proceedings is invalid and punitive.
Point of Law : Service Law - Suspension order - An order of suspension made or deemed to have been made under this rule shall be reviewed by authority competent to modify or revoke suspension, before....
Prolonged suspension beyond three months without serving charge memo is unsustainable.
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....
The power of suspension should not be exercised in an arbitrary manner and without any reasonable ground or as vindictive misuse of power. Suspension should be made only in a case where there is a st....
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
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