Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.

JUDGMENT :

Vaibhavi D. Nanavati

1. Heard Mr.H.K. Thakor, learned advocate appearing for the petitioner and Mr.I.G. Joshi, learned advocate appearing for the respondent no.1.

2. By way of the present petition, the petitioner has prayed for the following reliefs:-

“a. This Hon’ble court be pleased to admit and allow this petition;

b. This Hon’ble court be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the order of suspension Dated 07/02/2020 issued by the respondent authority and direct the respondent authority to reinstate the petitioner in service within stipulated time period;

c. Pending admission and final hearing of this petition this Hon’ble court be pleased to issue appropriate writ, order or direction directing the respondent authority to revoke the suspension order of the petitioner and direct the respondent authority to reinstate the petitioner;

d. Ad interim relief in terms of para b. herein above may be passed in the interest of justice.

e. Any other and further relief that may be deemed fit in the interest of justice may please be passed.”

3. Briefly stated, the petitioner was appointed on 28.03.2003 as junior clerk in the establishment of the District Court, Rajkot and subsequently, Rajkot district was bifurcated and new Morbi district was created and since 2012, the petitioner was rendering services in the judicial establishment of Morbi district till the date of his suspension. An F.I.R. came to be lodged against the petitioner being C.R.No.45 of 2020 at Maliya Miyana police station, District: Morbi for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code. The petitioner was under arrest and consequently in judicial custody since 31.01.2020 and in view thereof, in exercise of powers under Rules 5(1)(a) and 5(2)(a) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (for short, the “Rules of 1971”), the petitioner came to be suspended by the office order dated 07.02.2020 bearing no.B.16/02/2020 with effect from 01.02.2020. The said suspension order was served to the petitioner through Jailer, sub-jail, Morbi, where, he was in judicial custody.

3.1. It is the case of the petitioner that on the same day, by another order no.B/4(2)/05/2020, pending inquiry, the petitioner was transferred with immediate effect to the vacant post in the Court of the learned Principal Senior Civil Judge, Halvad. The respondent - authority once again filed an F.I.R. against the petitioner on 15.02.2020 being C.R.No.I-71 of 2020 under the provisions of Sections 406, 409 and 420 of the Indian Penal Code.

3.2. The petitioner has filed Special Civil Application No.12165 of 2020 to stay the departmental proceedings till the criminal trial was pending however, the said petition is pending. The petitioner herein made a representation against the suspension order dated 07.02.2020 bearing no.B.16/02/2020 and sought to revoke the order as well as reinstate the petitioner on the post last held. It is the case of the petitioner that the aforesaid is also not considered as on today.

4. Mr.Thakor, learned advocate appearing for the petitioner relied upon Rule 5 of the Rules of 1971 and submitted that after suspension order suspending the petitioner within the stipulated time, no departmental inquiry was initiated and no chargesheet with regard to the departmental inquiry was served to the petitioner. It is submitted that the petitioner was suspended from the service by order dated 07.02.2020 with effect from 01.02.2020 and the chargesheet and relevant papers were served to the petitioner on 31.07.2020. Accordingly, after suspension order, chargesheet was not served within 90 days as stipulated under the aforesaid provision. The suspension order dated 07.02.2020 continued till today without any order extending or reviewing the suspension as per the Rules of 1971. It is submitted that Rule 5(1) provides that non-extension of suspension by a reasoned order, the suspension for the