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Tamiyo Tatak – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
Robin Phukan, J.
1. In this Writ Petition, under Article 226 of the Constitution of India, the petitioner Shri Tamiyo Tatak, put to challenge the Order No. PERS-15/93/39, dated 19.07.2021, issued by the Chief Secretary, Government of Arunachal Pradesh, Itanagar and signed by Secretary (personnel) to the Govt. of Arunachal Pradesh, under Sub-Rule (6) of Rule-10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. It is to be mentioned here that, vide impugned order, the Chief Secretary, Government of Arunachal Pradesh has extended the period of suspension of the petitioner for a further period of 90 days w.e.f. 20.07.2021 to 17.10.2021, in exercise of powers conferred under the Rule--10(6) of the CCS (Classification, Control and Appeal) Rules, 1965. It is also to be mentioned here that, the petitioner was also deemed to be suspended with effect from the date of detention, i.e. 21.04.2021, in terms of Sub-rule (2) (a) of Rule -10 of the Central Civil Services (Classification, Control and appeal) Rules, 1965, vide order dated 30.04.2021, Memo No. PERS-15/93/689 issued by the Chief Secretary, Government of Arunachal Pradesh and signed by Secretary (p
Prolonged suspension without initiation of departmental proceeding and extensions without valid reasons are not permissible. The total period of suspension is limited under the CCS (CCA) Rules, 1965.
The court emphasized the mandatory requirement of periodic review before extending the suspension period and the timely service of charge memo as per the CCS (CCA) Rule, 1965.
Point of Law : Attracting the vice of Article 14 of the Constitution of India which provides that the State shall not deny to any person equality before the law or equal protection of the law within ....
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
Prolonged suspension beyond three months without serving charge memo is unsustainable.
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