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SANJAY KUMAR MEDHI
GO-2148X, Sri Vinay Kumar Singh, S/o. Late Harihar Bahdur Singh – Appellant
Versus
Union Of India, Represented By The Defence Secretary, Ministry Of Defence – Respondent
JUDGMENT :
A short question arises for determination in this writ petition which pertains to the date when an order of suspension becomes effective. The said issue is in the context of the requirement to make periodic review which is mandatory.
2. Before going to the issue to be determined, the basic facts of the case in hand may be narrated as follows.
3. The petitioner is posted with the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) on deputation. Pursuant to certain allegations in the discharge of his duties, an order dated 01.11.2022 has been passed by placing the petitioner under suspension. It is not in dispute that the aforesaid order of suspension was received by the petitioner on 07.11.2022. The requirement of law to conduct a review within 90 days of the order of suspension was done on 03.02.2023. It is the contention of the petitioner that such review being done beyond the prescribed period of 90 days, the same shall not save the authorities from their responsibility which is mandatory in nature and therefore, the impugned order of suspension is required to be set aside. The contention of the respondents, on the other hand, is that though the d
The date of suspension itself has to be construed as the effective date of suspension, and a review done beyond a period of 90 days would not serve the purpose of law.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
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 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....
Suspension under CCS(CCA) Rules lapses if not reviewed before 90 days expiry; subsequent extensions cannot revive invalid order.
Suspension ceases after 90 days unless extended by competent authority's order before expiry; committee review alone insufficient, rendering post-90-day continuation illegal.
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