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KAKHETO SEMA
Thepukho Pochury, S/o Kokari Pochury – Appellant
Versus
Chief Secretary to The Govt. of Nagaland And Ors. – Respondent
JUDGMENT :
HON'BLE MR. JUSTICE KAKHETO SEMA
Heard Mr. A. Zho, learned counsel for the petitioner and Mr. K. Angami, learned Sr. Government Advocate for the State respondents.
2. The facts of the case in brief is that, the petitioner while serving as a Jail Warder in the District Jail, Wokha, one under trial prisoner (UTP) namely Yanbemo Mozhui who was lodged at District Jail Wokha in connection with Bdi P.S Case No. 15/19 u/s 448/307/115/325/326/333/34 IPC, died at the District Civil Hospital, Wokha. In connection with the incident, the Police on 26/12/2019 registered Wokha P.S Case No. 046/19 u/s 325/326/330/302/304(A)/34 IPC and arrested the petitioner and 17 others alleging custodial death.
3. That consequent to the arrest of the petitioner, the Director General of Prison, in exercise of the power conferred by Sub-Rule (1) of Rule-6 of the Nagaland Services (Discipline and Appeal) Rules, 1967, issued the order No. PRI/HQ/ESTT-234/11/661, dated 28/12/2019, placing the petitioner under suspension with immediate effect in contemplation of a disciplinary proceedings for violation of section-54 of the Prison Act, 1894.
4. That thereafter, the Additional Director General of Prison, issued
Prolonged suspension of a government employee without timely inquiry and review is unreasonable and violates principles of natural justice and the right to a speedy trial.
A suspension order must be accompanied by a reasoned order for extension beyond three months if a charge-sheet is served, ensuring compliance with the principles of natural justice.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
Continued suspension without charge sheet issuance past 90 days isn't automatically void; justification based on severity of allegations and public interest may uphold the extension.
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.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
When an administrative decision is illogical or suffers from procedural impropriety or it shocks conscious of Court in a sense that it is in defiance of logic or moral standards, power of judicial re....
Suspension valid if reviewed within 90 days from effective date (receipt); delay in charge-sheet justified for serious embezzlement probe.
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