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DELHI HIGH COURT
V.KAMESWAR RAO
S.K. Saxena – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request to quash suspension orders. (Para 1) |
| 2. (Para 2 , 3 , 4 , 5 , 6 , 7) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--This petition has been filed by the petitioner with the following prayers:
"It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to:
i) issue an appropriate Writ, Order or Direction, thereby quashing the office order dated April 05, 2019 regarding suspension of the Petitioner and Office orders dated July 29, 2019; November 07, 2019; January 31, 2019 and June 02, 2020 regarding extension of suspension of the Petitioner;
ii) issue an Order or Direction, thereby directing the Respondent to revoke the suspension of the Petitioner vide order dated April 05, 2019, in the interest of justice, equity and fair play or in the alternative revoke the same after a completion of 90 days from the date of suspension and treat the suspension period as the Petitioner being on duty with full pay and allowances;
iii) issue an Order or Direction to the Respondent to expedite the disciplinary proceedings against the Petitioner and complete the same in a time bound manner;
iv) award costs;
(v) pass any such further or other Orders as it
The failure to review a suspension order within 90 days invalidates the order and subsequent extension, creating a precedent for procedural compliance in disciplinary actions.
The central legal point established in the judgment is the requirement for timely review of suspension orders as per Rule 10(6) and 10(7) of the CCS (CCA) Rules, and the consequent invalidity of susp....
Suspension under CCS(CCA) Rules lapses if not reviewed before 90 days expiry; subsequent extensions cannot revive invalid order.
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 orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
Suspension orders exceeding the statutory timeframe without proper extensions or charges are invalid under the Central Civil Services (Classification, Control & Appeal) Rules, 1965.
Suspension ceases after 90 days unless extended by competent authority's order before expiry; committee review alone insufficient, rendering post-90-day continuation illegal.
The suspension order must be reviewed within 90 days as per Rule 10(7) of CCS (CCA) Rules, and the power of suspension should not be exercised in an arbitrary manner.
The central legal point established is the requirement for timely review and extension of suspension orders as per Rule 10(6) and (7) of the Central Civil Services (Classification, Control and Appeal....
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