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C. HARI SHANKAR, AMIT SHARMA
All India Institute Of Medical Sciences – Appellant
Versus
Sanjay Gupta – Respondent
JUDGMENT :
C.HARI SHANKAR, J.
1. The short issue that arises for consideration in this case is whether a mere approval, on the file, albeit by the Competent Authority, to extend the suspension of the respondent, before the expiry of 90 days from the date when the original suspension order was issued, would suffice to extend the suspension, where the actual order extending the suspension came to be issued after the said period of 90 days was over.
2. We may deal, even at this juncture, with the submission of Mr V.S.R. Krishna, who appears for the petitioner, that the order extending the suspension of the respondent was issued prior to the expiry of 90 days from the issuance of the original order of suspension, and that it was only its communication which took place after 90 days. We, on facts, are unable to agree with Mr. Krishna. All that had been done prior to the expiry of 90 days from the date of issuance of the original suspension order was grant of approval on the file, undoubtedly by the Authority competent to extend the suspension for extending the suspension beyond 90 days. No order extending suspension was signed, or even drafted, prior to the expiry of 90 days, much less com
An effective order of suspension must be communicated to the affected party; mere file notings do not suffice.
The extension of suspension orders without the recommendation of the Review Committee and failure to extend the suspension within the prescribed period rendered the suspension orders invalid.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
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....
Suspension of a government employee beyond 270 days without initiating disciplinary proceedings is unlawful, and extensions must be adequately justified, as set forth in applicable rules.
Suspension under CCS(CCA) Rules lapses if not reviewed before 90 days expiry; subsequent extensions cannot revive invalid order.
A suspension order cannot extend beyond three months without a charge sheet and review, as established in Ajay Kumar Choudhary vs. Union of India.
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