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MICHAEL ZOTHANKHUMA
Kuppum Venkatesh Srikanth – Appellant
Versus
Indian Institute of Technology – Respondent
JUDGMENT :
Michael Zothankhuma, J.
Heard Mr. N. Borah, learned counsel for the petitioner. Also heard Mr. R.P Kakoti, learned Senior Counsel assisted by Mr. S. Sutradhar, learned counsel for the IIT, Guwahati.
2. The issue to be decided in the present case, is as to whether a review of a suspension order is required to be made within 90 days, though a chargesheet is submitted within 90 days from the date of issuance of the suspension order.
3. The petitioner's case in brief is that the petitioner was suspended from service, vide suspension order dtd. 23/1/2019 with effect from 5/1/2019, in connection with Changsari P.S. Case No. 7/2019 under Sec. 354 (A) and 354 (B) IPC. Chargesheet was submitted by the police 8 (eight) days later, i.e. on 31/1/2019. The petitioner was arrested on 5/1/2019 and released on bail on 29/1/2019.
4. The petitioner's counsel submits that a review of the suspension order dtd. 23/1/2019 was undertaken by the respondents on 31/12/2019. As the decision of the Apex Court and the Division Bench of this Court in Ajay Kumar Choudhury Vs. Union of India and Anr., (2015) 7 SCC 291, and State of Nagaland and Ors. Vs. Chubanun-gsang Imchen and Anr., reported in 2019 (5) G
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....
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 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.
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....
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....
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....
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.
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