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JYOTI SINGH
E. S. Ranganatha – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present writ petition has been filed by the Petitioner seeking the following reliefs:
"(i) That the Hon'ble Court may graciously be pleased to pass an order of issuing any appropriate writ, order/direction to the respondents for quashing the impugned order dated 10.05.2022, Order dated 27.09.2022 (Annexure P-1 & P-2) and Order dt. 5.4.2023 (Annexure P-3) declaring to the effect that the same are illegal, arbitrary and against the rules and consequently, pass an order directing the respondents to reinstate the petitioner in service immediately with all consequential benefits.
(ii) That the Hon'ble Court may further graciously be pleased to pass an order directing the respondents to treat the petitioner in service w.e.f. 08.08.2022 i.e. from the date of completion of 90 days w.e.f 10.05.2022 for all purposes and with all consequential benefits including the difference of pay and allowances."
2. As understood from a plain reading of the averments and the grounds in the writ petition as well as from the arguments canvassed on behalf of the Petitioner, the limited grievance of the Petitioner is that the suspension order was issued way back on 18.01.2022
The need for continuation of suspension must be assessed based on the nature of allegations, materials, and the position held by the concerned employee.
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 a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the sus....
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.
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....
Suspension orders must not exceed three months without a charge-sheet; otherwise, they are unsustainable in law.
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