Deemed suspension under CCS (CCA) Rules cannot exceed two years from bail release if no departmental charge-sheet issued; prolonged suspension without proceedings is invalid and punitive.

ORDER

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):

Since the pleadings between the parties have already been exchanged and with the consent of learned counsel for both the parties, the matter is being decided finally at the Admission stage.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:

I. "To allow this applicant and set aside the Suspension Order dated 09.08.2021 passed by Deputy Secretary, Government of India, Ministry of Finance, Department of Revenue, (CBIT and Customs).

II. To allow this applicant and set aside the extension of suspension order dated 28.03.2023 passed by Deputy Secretary, Government of India, Ministry of Finance, Department of Revenue, (CBIT and Customs).

III. To issue any other order or direction in favour of the applicant which this Hon’ble Tribunal deems fit and proper in the present facts and circumstances of the case, so as to secure the ends of justice.

IV. Award cost of the instant application to the applicant.”

3. The brief facts as apparent from the record is that the applicant is an Indian Revenue Service (Customs and Indirect Taxes), Officer of 2010 Batch. The applicant was posted as General Manager, Government Opium and Alkaloid Works (hereinafter referred as GOAW), Ghazipur, U.P. and he was handed over the additional charge of GOAW, Neemuch, Madhya Pradesh with effect from 19.01.2021. After being handed over the charge of General Manager of the factory at Neemuch, Madhya Pradesh on 19.01.2021, the applicant has also continued its strict vigilance in the said factory premise as prior to the posting of applicant, the produce of the factories premises were being mishandled at the behest of certain persons involved in illegal uses of Opium and Alkaloids produced in the factory and also by drug mafia involved in illegal sale of narcotics. Thereafter, the Officer of Anti Corruption Bureau, Jaipur lodged a First Information Report on 17.07.2021, registered as FIR NO.264/2021 on the allegation that on the said date when the applicant was returning from the visit of the said factory premise of Neemuch, Madhya Pradesh in a duly permitted official vehicle with an official driver, they intercepted him and in the alleged interception after going through the car, they allegedly found a sum of Rs.16,32,401/- which according to them was an illegal money taken by the applicant from certain persons to illegally benefit them with respect to allotting them land as well as getting their produce at higher rates than their actual quality rate.

4. It is further apparent from the record that at the time of said interception, he was arrested and sent to jail without sanction or approval of the Competent Authority and accordingly, he was deemed to be suspended w.e.f. 17.07.2021 vide an order dated 09.08.2021, passed by the Deputy Secretary, Government of India, Ministry of Finance, Department of Revenue, (CBIT and Customs).

5. It is further apparent from the record that the charge-sheet in the criminal case against the applicant was also submitted on 13.09.2021. Thereafter, the applicant applied for bail and the bail was granted by the Rajasthan High Court vide order dated 15.09.