The suspension should be governed by specific rules, and any decision regarding subsistence allowance and extension of suspension should be in accordance with the adopted rules.

JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. This appeal impugns the order of the learned Single Judge dated 17.09.2013 passed in W.P. (C) 197/2012 directing the appellant to pay the entire salary along with interest @ 5% per annum from the date from which the amounts were actually payable. The respondent was issued a suspension notice on 29.09.2010, it was guided by the CCS Rules but the said Rules were yet to be adopted by the appellant/employer.

2. Other than the aforesaid "guidance", there is nothing on the record to show under which rules the suspension was made. The respondent/employee was being paid 50% of the subsistence allowance. Subsequently, the appellant adopted the CCS Rules on 20.06.2011. It provides that within 90 days of the suspension order, the Suspension Review Committee is to look into and to review the matter and take a decision apropos continuance or dismissal of the continuance. No such review was done. Logically, then continuation of the suspension beyond 90 days was without authority. The respondent/employee has superannuated on 31.10.2011.

3. The impugned order has reasoned inter alia as under:

2. Though, the first relief which is claimed as per the relief clause in the writ petition, is the challenge to the suspension order dated 29.9.2010 itself, however what is argued before me on behalf of the petitioner is that the petitioner questions the continuation of suspension after 90 days. inasmuch as no order was passed within a period of 90 days either by the review committee or by the appropriate authority extending the suspension. I have allowed the petitioner to so argue as there exists the requisite averments in the writ petition. It is argued that when the second order of suspension dated 20.6.2011 was passed, review committee had not recommended for continuing of the suspension and review committee only so recommended on the date of retirement of the petitioner vide order dated 31. 10.2011.

3. At this stage, it would be relevant to reproduce the relevant rule pertaining to suspension with its sub-Rules and the same reads as under:

"10. Suspension

(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or

(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in regard to an Assistant Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.

xxxx xxxx xxxx xxxx

(5)(a) Subject to the provisions contained in sub-rule (7), an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.

(b) Where a Government servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of s