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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Union of India – Appellant
Versus
S.K. Saxsena – Respondent
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
1. This appeal is directed against the judgement of the learned Single Judge, dated 04.02.2021. The appellant is, essentially, aggrieved by the directions given in paragraph 7 of the impugned judgment. For the sake of convenience, the same is extracted hereafter:
"7. If the first review has not been carried out before the expiry of 90 days, the order of suspension dated April 05, 2019 shall become invalid and as such the subsequent orders of continuance of suspension of the petitioner shall also become invalid.
Accordingly, the suspension order dated April 05, 2019 being invalid it is quashed, the petitioner is entitled to claim continuity in service and salary for the period from the date of suspension till reinstatement subject to adjustment of suspension allowance paid to the petitioner during this period.
The petition is allowed and disposed of."
2. The backdrop, in which the impugned judgement came to be passed, is briefly set forth hereunder.
2.1. The respondent, who was the Director, Export Inspection Council, New Delhi was placed under suspension, vide office order dated 05.04.2019.
2.2. T
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.
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....
Delay in disciplinary enquiry does not automatically invalidate proceedings; courts have discretion to extend time for completion.
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....
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....
Unreasonable delay in filing chargesheet and concluding the investigation cannot be a ground for continuing the suspension of an employee.
An order of suspension lapses if not reviewed within 90 days, and cannot be extended indefinitely without justification.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
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