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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, PRANJAL DAS
State of Arunachal Pradesh, though the Chief Secretary, Government of Arunachal Pradesh – Appellant
Versus
Debashis Dey, S/o. Lt. J.K. Dey – Respondent
Judgment :
Pranjal Das. J.
1. Heard Mr. Subu Tapin, learned Senior Government Advocate, Arunachal Pradesh. Also heard Mr. Dicky Panging, learned counsel appearing for the respondents.
2. The instant writ appeal has been preferred by the State of Arunachal Pradesh aggrieved by the judgment and order dated 09.11.2023 passed by the learned Single Judge in WP(C) 391 (AP)/2023.
3. The factual matrix in brief are that vide order dated 29.10.2022 petitioner who was a Private Secretary (Establishment) in the office of the Arunachal Pradesh Public Service Commission (APPSC), Arunachal Pradesh, Itanagar was placed under suspension pending initiation of departmental proceeding. By order dated 29.10.2022 issued by the Secretary of Arunachal Pradesh Public Service Commission (herein after APPSC). The said suspension was extended by orders dated 25.01.2023 and 24.07.2023 exercising power under Rule 10(6) of the CCS (Classification Control and Appeal Rules 1965) (CCS/CCA Rules).
4. The basic contention of the writ petitioner was that the suspension was made in contemplation of disciplinary proceedings. But the same was not initiated and the continuance of the suspension beyond the permissible period
Suspension of a government employee beyond 270 days without initiating disciplinary proceedings is unlawful, and extensions must be adequately justified, as set forth in applicable rules.
The extension of suspension orders without the recommendation of the Review Committee and failure to extend the suspension within the prescribed period rendered the suspension orders invalid.
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 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....
A suspension order cannot extend beyond three months without a charge sheet and review, as established in Ajay Kumar Choudhary vs. Union of India.
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