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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Union of India – Appellant
Versus
Vikram Bhasin – Respondent
| Table of Content |
|---|
| 1. challenge to suspension order and reinstatement. (Para 2 , 3 , 4) |
| 2. argument on the tribunal's decision regarding suspension. (Para 5) |
| 3. court observations on investigation delay. (Para 6 , 7) |
| 4. decision to dismiss the writ petition. (Para 8) |
| 5. directions for compliance with the order. (Para 9 , 10) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the Order dated 11th May 2021 passed by the Central Administrative Tribunal (hereinafter referred to as `Tribunal') in OA No.871/2021.
3. Learned Counsel for the petitioner states that the respondent was posted as Superintendent (Jewellery Appraiser) in the office of Commissioner of Customs at IGI Airport and was serving on the same post till his suspension. He states that on 03rd June, 2019, the respondent was placed under suspension in contemplation of the disciplinary proceedings. He states that his suspension was initially for a period of ninety days and thereafter, it was extended from time to time in the spells of one hundred and eighty days.
4. Learned Counsel for the petitioner states that in the impugned order the Tr
An employee cannot be suspended without justification if there are delays in disciplinary proceedings, which should not penalize them for institutional delays.
Unreasonable delay in filing chargesheet and concluding the investigation cannot be a ground for continuing the suspension of an employee.
Deemed suspension under CCS (CCA) Rules cannot exceed two years from bail release if no departmental charge-sheet issued; prolonged suspension without proceedings is invalid and punitive.
A suspension order becomes invalid if not reviewed within 90 days as per CCS (CCA) Rules, entitling the respondent to continuity in service and salary from the dissolution date.
Prolonged suspension beyond three months without serving charge memo is unsustainable.
Point of Law : Service Law - Suspension order - An order of suspension made or deemed to have been made under this rule shall be reviewed by authority competent to modify or revoke suspension, before....
The power of suspension should not be exercised in an arbitrary manner and without any reasonable ground or as vindictive misuse of power. Suspension should be made only in a case where there is a st....
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....
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