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2016 Supreme(All) 2252
ALLAHABAD HIGH COURT
Tarun Agarwala, Mukhtar Ahmad, JJ.
Union of India And 2 Others - Appellant
Versus
Brijesh Kumar Pandey And Another - Respondent
WRIT - A No. - 13910 of 2016
Decided On : 30-03-2016
For the Petitioner: Ashok Singh.
For the Respondent: Santosh Kumar Mishra.
The main legal point established is that the extension of a suspension order must be made before the expiry of 90 days as per Rule 10(7) of the CCS Rules.
Headnote:
Rule 10(7) - Suspension Order Extension - The court quashed the suspension order as it was extended after the expiry of 90 days, contrary to the provisions of Rule 10(7) of the CCS Rules.
Fact of the Case:
Respondent no.1 was suspended by an order dated 1.5.2015, which continued to operate even after 90 days. The respondent filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985, praying for the quashing of the suspension order. The Tribunal allowed the application and quashed the suspension order. The Union of India filed the present writ petition.
Finding of the Court:
The court found that the order extending the suspension order on 5.8.2015 was not in line with the provisions of Rule 10(7) of the CCS Rules, as it was passed after the expiry of 90 days. Consequently, the suspension order could not continue beyond 31.7.2015. The writ petition was dismissed.
Issues: The main issue was the validity of the extension of the suspension order beyond 90 days as per Rule 10(7) of the CCS Rules.
Ratio Decidendi: The court held that the suspension order must be extended before the expiry of 90 days as per Rule 10(7) of the CCS Rules. Since the extension was made after the expiry, the suspension order could not continue beyond the specified period.
Final Decision: The writ petition was dismissed, and the suspension order was quashed.
We have heard Sri Ashok Singh learned counsel for the Union of India and Sri Santosh Kumar Mishra learned counsel for respondent no.1.
2. Respondent no.1 was suspended by an order dated 1.5.2015 which continued to operate even after of 90 days. The said respondents filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying for the quashing of the suspension order dated 1.5.2015. The Tribunal after considering the matter allowed the application and quashed the suspension order. The Union of India being aggrieved has filed the present writ petition.
3. Learned counsel for the petitioner contended that the order of suspension was reviewed before the expiry of 90 days on 30.7.2015 and, therefore, the extension of the order of suspension made on 5.8.2015 was in consonance with the provisions of Rule 10(7) of the Central Civil Services (CCA) Rules.
4. In the instant case, the suspension order was passed on 1.5.2015 and 90 days expired on 31.7.2015. Under Rule 10(7) of CCS Rules the suspension order is required to be reviewed and should be extended, if any, before the expiry of 90 days.
For facility Rule 10(7) of the CCS Rules is extracted hereunder:
"10 (7) An order of suspension made or deemed to have been made under sub-rule (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days."
5. In the instant case, the review committee met and reviewed the matter on 30.7.2015 and made a recommendation for extension of the suspension order which was considered by the competent authority and an appropriate order on 5.8.2015 was passed extending the suspension order.
6. We are of the opinion that the order extending the suspension order on 5.8.2015 is not in consonance with the provisions of Rule 10(7) of the CCS Rules. The order of extension of the suspension order must be passed before the expiry of 90 days which in the instant case did not happen. The order of extension of the suspension order was passed after the expiry of 90 days. Consequently, in view of the provisions of Rule 10(7) the suspension order could not continue beyond 31.7.2015.
7. We do not find any merit in the writ petition and is dismissed.
