IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
Nani Tagia, J.
Mirpe Tato - Appellants
Vs.
State of Arunachal Pradesh and Ors.- Respondent
W.P. (C) No. 143 of 2020
Decided On : 10-02-2021
Central Civil Services (Classification, Control and Appeal) Rules, 1695 - Rule 10(1) – Certiorari - Memo - A writ in nature of Certiorari should not be issued quashing and setting aside impugned being Memo issued by Chief Secretary, Government of Arunachal Pradesh, which was signed by Under Secretary (Personnel), Government of Arunachal Pradesh, , by which suspension of petitioner was extended for another 6 (six) months with effect from in exercise of power conferred by Rule 10(1) of Central Civil Services (Classification, Control and Appeal) Rules, 1695 - Whether order of suspension of petitioner was reviewed by respondent authorities in accordance with law as provided under CCS (CCA) Rules, 1965 – Held Petitioner was put under suspension for first time by an order whereafter, same was reviewed from time to time. - Memorandum of Charges admittedly was served upon charged officer/petitioner only on - Therefore, what has been noticed in instant case is that Memorandum of Charges to petitioner in instant case was not served upon him within a period of 3 (three) months from date of suspension of petitioner on - writ Petition deserves to be allowed
ORDER :
Nani Tagia, J.
1. Heard Mr. T.T. Tara, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Govt. Advocate representing the State respondents.
2. This writ petition has been filed with the following prayers:-
II. A writ in the nature of Certiorari should not be issued quashing and setting aside the impugned subsequent order(s) being Memo No. PERS-56/93 (Pt-II)/310 dated 09.11.2018 and Memo No. PERS-56/93 (Pt-II)/724, dated 1.11.2019, whereby the suspension period of the petitioner was kept on extending after expiry of every six months and also the impugned order being Memo No. PERS-56/93/586, dated 3.6.2020 issued after expiry of 39 days whereby the respondent authorities have extended the suspension period of the petitioner for another 180 with effect from 28.05.2020 to 23.11.2020 arbitrarily and illegally.
III. A writ in the nature Mandamus should not be issued directing the respondent authorities to revoke the impugned order being Memo No. PERS-56/93 (Pt-)/647, dated 12.05.2018 issued by the Chief Secretary, Government of Arunachal Pradesh, Itanagar which was signed by the Under Secretary (Personnel), Government of Arunachal Pradesh, Itanagar, by which the suspension of the petitioner was extended for another 6 (six) months with effect from 13.05.2018 in exercise of power conferred by the Rule 10(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1695 and be further pleased to direct the respondent authorities to reinstate the petitioner in his service as Extra Assistant Commissioner with immediate effect with all financial and consequential service benefits.
IV. A writ in the nature of Mandamus should not be issued directing the respondent authorities to revoke the impugned order being Memo No. PERS-56/93 (Pt-II)/422, dated 13.02.2018 signed and issued by the Chief Secretary, Government of Arunachal Pradesh, whereby and whereunder the petitioner was suspended as APCS (Senior Grade) in exercise of powers conferred by the Rule 10(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1695 by which the petitioner was initially placed under suspension".
3. The writ petitioner who is an Arunachal Pradesh Civil Service, Sr. Grade (for short, 'APCS (Sr. Grade) officer was put under suspension on 13.02.2018 pending contemplated disciplinary proceeding against the petitioner. The suspension of the petitioner was extended by another order of suspension dated 12.05.2018 for a period of 6 (six) months w.e.f. 13.05.2018 which was extended by another order of suspension dated 09.11.2018 for a period of 6 (six) months. Though, thereafter, there appears to be another order of suspension issued by the respondent authorities, the writ petitioner has not annexed that suspension order in the writ petition; and, the subsequent order referred to and annexed in the writ petition is the order of suspension dated 29.10.2019 placing the writ petitioner under suspension for another 180 days w.e.f. 04.11.2019 which was again followed by yet another order dated 09.06.2020 placing the petitioner under suspension for another 180 days w.e.f. 28.05.2020. Thereafter, again no further suspension order has been annexed by the writ petitioner but it is submitted by the learned counsel appearing for the petitioner as well as Mr. S. Tapin, learned Sr. Govt. Advocate that the respondent authorities have passed another order of suspension dated 19
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