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A. M. BUJOR BARUA
Biman Phukan, S/o. Lt. R. K Phukan – Appellant
Versus
State Of AP, Through the Chief Secretary to the Govt of Arunachal Pradesh, Itanagar – Respondent
JUDGMENT :
1. Heard Mr R. Sonar, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Government Advocate for the respondent No. 1, the Chief Secretary to the Government of Arunachal Pradesh, and Mr. D. Kamduk, learned Standing Counsel, Land Management Department for the respondent Nos. 2 & 3.
2. The petitioner is an Additional Chief Estimator in the Office of the Deputy Commissioner, Itanagar Capital Complex. An F.I.R dated 31.01.2020, was lodged before the Superintendent of Police, Special Investigation Cell, Itanagar, inter-alia, alleging that some officials of the Land Management Branch of the Deputy Commissioner, Itanagar, Capital Complex had issued certain overlapping Land Possession Certificates resulting in the SIC(VIG) Police Station, Itanagar Case No.20/2020, under Sections 468/420/471/120 (B) of the Indian Penal Code, read with Section 13(2) of the Prevention of Corruption Act, 1988, being registered. The petitioner was arrested on 23.06.2021, in connection with the aforesaid SIC(VIG) Police Station, Itanagar Case No.20/2020.
3. As the petitioner was under detention for a period exceeding 48 hours, he was placed under suspension as per the Office Memo No.
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.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
Suspension under CCS(CCA) Rules lapses if not reviewed before 90 days expiry; subsequent extensions cannot revive invalid order.
The main legal point established in the judgment is that a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the sus....
The court upheld the legitimacy of the applicant's suspension extension under CCS (CCA) Rules due to ongoing criminal proceedings concerning moral turpitude, justifying the action despite the duratio....
Deemed suspension lapses automatically after 90 days if not reviewed and extended before expiry, when employee released from detention prior thereto; proviso to Rule 10(7) inapplicable. Subsequent ex....
Suspension orders must be reviewed within 90 days; failure to do so renders them invalid, emphasizing the right to a speedy trial.
The suspension order must be reviewed within 90 days as per Rule 10(7) of CCS (CCA) Rules, and the power of suspension should not be exercised in an arbitrary manner.
Suspension orders must be reviewed within 90 days to remain valid; failure to do so renders them invalid.
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