IMPORTANT POINT
An effective order of suspension must be communicated to the affected party; mere file notings do not suffice.

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 communicated. The order extending suspension clearly bears the date of 1 March 2023, which is after the period of 90 days had expired on 25 February 2023.

3. Having thus dispensed with this submission of Mr. Krishna, we proceed to examine the controversy in the backdrop of the facts before us.

4. Respondent 1[ “the respondent”, hereinafter] was placed under suspension, by the petitioner All India Institute of Medical Sciences[“AIIMS”, hereinafter] by order dated 28 November 2022. We need not enter into the grounds on which the respondent was placed under suspension as they are not material for adjudicating the issue in controversy.

5. Rule 10(6) and (7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [“CCS(CCA) Rules”, hereinafter] which apply mutatis mutandis to the AIIMS, read thus:

“(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.

(7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.

Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.”

6. Extension of the suspension after review, in our considered opinion, can only be by an order of extension. It is the order of extension, which is ultimately communicated to the officer concerned, which extends the suspension. Rule 10(7), particularly, makes clear that it is the order of suspension which has to be extended, after review. The word “it”, in the sub-rule, obviously refers to the order of suspension, to which the sub-rule earlier alludes. An order of suspension, axiomatically, can be extended only by an order of extension. Approval, on the file, to extend the order of suspension, would not result, ipso facto, in extension of the order.

7. Thus, it is necessary, in order for suspension to