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S. N. PATHAK
Sweta Bharti – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of Women, Child Development & Social Secretary – Respondent
JUDGMENT :
The petitioner has approached this Court with a prayer for quashing of Memo No.4/Ma.Sa./Ra. Aarop/423/2021/2278, Ranchi dated 03.12.2021 (Annexure-4), whereby and whereunder in purported exercise of powers under Rule 9 (1) (ka) & (ga) of Jharkhand Government Servant’s (Classification Control & Appeal) Rules, 2016, the petitioner has been put under suspension in contemplation of departmental enquiry and further has been directed to report at South Chhotanagpur Divisional Commissioner, Ranchi.
2. The case of the petitioner lies in a narrow compass. The petitioner joined the services in the State of Jharkhand as Child Development Officer in the year, 2000 and she was posted at various districts in the State of Jharkhand during the service career and lastly she was posted as District Social Welfare Officer, Ranchi w.e.f. 28.01.2021. She remained to discharge her duties to the full satisfaction of her superiors and with utmost sincerity. It is specific case of the petitioner that while she was posted in Ranchi, she was put under suspension on 03.12.2021 in contemplation of the Departmental Proceeding. Aggrieved by the said order of suspension dated 03.12.2021, the present writ
The currency of a suspension order should not extend beyond three months without serving the charge-sheet and providing reasoned orders for extension, as established by legal precedents.
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.
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....
Prolonged suspension of a government employee without timely inquiry or a reasoned order for extension 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.
Suspension orders must not exceed three months without a charge-sheet; otherwise, they are unsustainable in law.
Suspension of an employee must be justified, timely disciplinary proceedings initiated, and clear guidelines followed to prevent undue influence and ensure efficiency.
Suspension orders in disciplinary proceedings must be reviewed within 90 days; otherwise, they become invalid, ensuring the right to a fair trial and administrative efficiency.
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