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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Akhand Prakash Shahi – Appellant
Versus
DG BSF & Anr. – Respondents
W.P.(C) 7343 of 2023
Decided On : 30-05-2023
exemption - quashing of suspension order - The court allowed the exemption subject to all just exceptions and disposed of the application. The petition sought the quashing of the suspension order dated 24.04.2023. The court issued notice and directed the respondents to intimate the petitioner about the confirmation of the suspension order within three days. The petitioner was given the option to approach the appropriate forum if aggrieved.
Fact of the Case:
The petition sought quashing of the suspension order dated 24.04.2023.
Finding of the Court:
The court directed the respondents to intimate the petitioner about the confirmation of the suspension order within three days and allowed the petitioner to approach the appropriate forum if aggrieved.
Issues: Quashing of suspension order, Confirmation of suspension order, Intimation to petitioner
Ratio Decidendi: The court emphasized the need for the petitioner to be informed about the confirmation of the suspension order and provided the option to approach the appropriate forum if aggrieved.
Final Decision: The court disposed of the petition by giving directions to the respondents to intimate the petitioner about the confirmation of the suspension order within three days and allowed the petitioner to approach the appropriate forum if aggrieved.
JUDGMENT (Oral)
CM APPL.28540/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 7343/2023 & CM APPL.28539/2023
3. Present petition has been filed seeking quashing of order of suspension dated 24.04.2023 issued by respondent no.1.
4. Notice issued.
5. Learned counsel accepts notice on behalf of the respondents and submits that the suspension order dated 24.04.2023 has already been confirmed vide order dated 15.05.2023 by internal e-noting.
6. Learned counsel appearing on behalf of the petitioner submits that he has not received copy of the said communication.
7. Accordingly, we hereby dispose of the present petition by giving directions to the respondents to intimate the petitioner about the same in writing within three days from today.
8. Needless to say, if the petitioner feels aggrieved, he may approach the appropriate forum.
9. Pending application also stands disposed of.
The importance of informing the petitioner about the confirmation of the suspension order and providing the option to approach the appropriate forum if aggrieved.
The court established that a suspension in contemplation of an inquiry does not necessitate a prior hearing, affirming the discretion of the disciplinary authority.
Prompt decision on application for suspension of sentence and provision of trial proceedings to the petitioner.
A suspension order must be issued by the proper authority and must be justified to be legally valid.
Administrative authorities retain discretion over postings; courts may intervene only in cases of arbitrariness or unreasonable actions.
Court directs internal review of suspension order pending enquiry instead of direct judicial interference.
The court emphasized the importance of timely decision-making on representations for promotion.
The necessity for periodic review of suspension orders to uphold legal standards and ensure just treatment of suspended employees.
Suspension orders can only be passed in contemplation of inquiry or during the pendency of inquiry, as per Rule 4(1) of the Regulations, 2020 and relevant case law.
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