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KARDAK ETE
Raman Biswas S/o Late Phoni Biswas – Appellant
Versus
State of Arunachal Pradesh – Respondent
ORDER :
1. Heard Mr. R. Sonar, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Addl. Senior Government Advocate representing the State respondents.
2. By filing this writ petition, the petitioner has assailed the impugned Order, Memo No. DUD/Estt-727/2020-21/3294-301 dated 21.08.2020 (signed and issued on 23.03.2020) issued by Secretary, Department of Urban and Housing, Government of Arunachal Pradesh by which the suspension period of the petitioner has been extended for a further period of 180 days w.e.f. 31.05.2020. The petitioner is also aggrieved by the action of the respondent authority in putting him under suspension for an indefinite period by extending the suspension period beyond ninety (90) days without there being any periodic review as required under the Rules.
3. The brief fact of the case is that the petitioner, who is working as Lower Division Clerk (LDC) in the office of the Chief Engineer, Department of Urban Development and Housing, Government of Arunachal Pradesh, Itanagar, was arrested on 02.03.2020 pursuant to the FIR being Itanagar Women Police Station Case No. 22/2020, under Sections 376/511/448 of the IPC read with Section 8 of the POCSO Ac
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.
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....
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 main legal point established in the judgment is that prolonged suspension without initiating any departmental proceeding, extensions of suspension without recorded reasons, and exceeding the maxi....
The court established that prolonged suspension without initiation of departmental proceeding and without recording reasons for extension is impermissible. The court also clarified that the extension....
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 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....
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....
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