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M. V. MURALIDARAN
S. Bikramaditya Meitei (Dr. ) – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. In W.P.(C) No.947 of 2021, the petitioner prayed for issuance of a writ of certiorari or mandamus to quash the impugned suspension order bearing No.01/776/Departmental Enquiry/JNIMS/21, dated 26.6.2021 along with the Memorandum dated 26.6.2021 issued by the Principal Secretary (H & FW), Government of Manipur.
2. In W.P. (C) No.53 of 2022, the petitioner seeks issuance of a writ of certiorarified mandamus to quash the impugned order dated 21.12.2021 issued by the Additional Chief Secretary (H & FW)/Chairman, Executive Committee JNIMS Society, by which the earlier suspension of the petitioner was extended for a further period of 180 days with effect from 24.8.2021 by the Review Committee in violation of the Rules.
3. It is the case of the petitioner that since his appointment to the post of Senior Resident in the Jawaharlal Nehru Institute of Medical Sciences Society (JNIMS) vide proceedings dated 20.11.2011 in the Department of Psychiatry, he was serving in the said capacity without any promotion. It is averred that since he has been functioning as the General Secretary of Teacher's Association JNIMS, he took part in various agitations pertaining to violation of fundamental
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.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
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.
Suspension under CCS(CCA) Rules lapses if not reviewed before 90 days expiry; subsequent extensions cannot revive invalid order.
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....
The main legal point established in the judgment is that a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the sus....
Deemed suspension lapses automatically after 90 days if not reviewed and extended before expiry, when employee released from detention prior thereto; proviso to Rule 10(7) inapplicable. Subsequent ex....
The court upheld the legitimacy of the applicant's suspension extension under CCS (CCA) Rules due to ongoing criminal proceedings concerning moral turpitude, justifying the action despite the duratio....
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