Suspension orders must not exceed three months without a charge-sheet; otherwise, they are unsustainable in law.

JUDGMENT :

(S.N. Pathak, J.)

The petitioner has challenged the decision contained in Ref. No. 112799 dated 02.09.2024, by which the petitioner has been put under suspension.

2. Briefly stated, the petitioner was initially appointed on 25.06.2013 on the post of Assistant Professor on contractual basis. After rendering almost five years of satisfactory service, the petitioner was appointed on regular post following the procedure pursuant to fresh advertisement on 16.01.2018. His service was confirmed in the month of July, 2019. Thereafter, the petitioner was appointed on the post of Associate Professor, following the selection process in the respondent-University. It is further case of the petitioner that on 13.08.2024, the petitioner was asked to submit his reply on the allegation of making plan and to instigate the students to commit incidents within campus on 2nd and 3rd June, 2024. The petitioner replied the same and thereafter, a show cause was also issued to him on 22.08.2024. Though the petitioner replied the same, but he was put under suspension by order dated 02.09.2024, which is under challenge in the present writ petition.

3. Mr. Manoj Tandon, learned counsel appearing for the petitioner submits that the suspension order is neither sustainable in law nor on facts, inasmuch as, the same is passed by the incompetent authority. Learned counsel submits that the petitioner holding the post of Associate Professor, his suspension order ought to have been passed with the approval of the Executive Council, but from perusal of the suspension order, it could be gathered that no approval from the Executive Council was obtained. Assailing the suspension order, Mr. Tandon further submits that the order of suspension cannot be continued for more than 90 days, that too without drawing up charge-sheet. In the instant case, the petitioner was put under suspension on 02.09.2024 and till date, no charge-sheet has been submitted and hence, it cannot be continued any further. Referring to the charge, learned counsel submits that the petitioner was put under suspension only for conducting a fair enquiry and till date, nothing has been brought on record to show that even enquiry was conducted against the petitioner. Referring to the judgments rendered in the cases of State of Orissa Vs. Bimal Kumar Mohanty, reported in (1994) 4 SCC 126 and Ajay Kumar Choudhary Vs. Union of India & Ors., reported in (2015) 7 SCC 291, learned counsel contends that since 90 days have already crossed, the petitioner is entitled for revocation of his suspension.

4. Mr. Sudarshan Shrivastava, learned counsel appearing for the respondents, on instruction, submits that though he has not received any instruction for filing counter affidavit in the matter, but he submits that due to some personal difficulty of the respondents, it could not be filed. However, on instruction, learned counsel fairly submits that till date, no charge sheet has been submitted against the petitioner. Learned counsel further submits that what has been argued by the learned counsel for the petitioner is not a rule for revocation of suspension order, rather, it depends upon gravity of the misconduct.

5. Having heard the learned counsel for the parties and upon perusal of the records, this Court is of the view that the petitioner has been able to make out a case for interference by this Court. Admittedly, the petitioner was put under suspension on 02.09.2024 for conducting a fair enquiry against the petitioner. Now the petitioner is continuing under suspension for more than three months. Still, no charge sheet has been drawn up against the petitioner and no explanation to that effect has been brought on record. Even no counter affidavit has been filed by the respondents and it is only submitted that due to personal difficulty, counter affidavit has not been filed. There may be several exigencies for not filing counter affidavit, but the fact remains that no counter affidavit has been filed. Norma