Suspension under CCS(CCA) Rules lapses after 90 days if not reviewed timely; belated reviews cannot revive it. Prolonged suspension without charges invalid, warrants reinstatement despite pending criminal trial.

ORDER

(Hon'ble Shri. Varun Sindhu Kul Kaumudi, Member(A)

By this Original Application, the applicant is seeking the following relief:-

“(i) Call for the records on the file of the 3^rd Respondent relating to the Impugned Suspension Order bearing Ref No. OSD/DE- 1/33-9/SSP(C&I)/2021 dated 16.11.2021 issued by the 3^rd Respondent; and the Memorandum bearing Ref. No. OSD/DE-1/33- 9/SSP(C&I)/2021 dated 08.07.2022 issued by the 4^th Respondent and the Memorandum bearing Ref. No. OSD/DE-1/33- 9/SSP(C&I)/2021 dated 08.02.2023 issued by the 4^th Respondent and to set-aside the same as illegal.

(ii) To reinstate the applicant into service with effect from 16.11.2021 with all service benefits.

(iii) To settle pay and all other emoluments with effect from 16.11.2021 till the date retrospectively.

(iv) To pass such further orders as are necessary to meet the ends of justice and (v) Award costs and thus render justice.”

2. The brief facts of the case, in a nutshell, are as follows: The applicant had originally joined the service of the respondent as a Police Constable on 25.06.1998. He was promoted to the post of Head Constable on 19.06.2020 and was posted at Villianur Police Station, Puducherry - 605 110. While the applicant was in service, during 2003, he participated in the direct recruitment conducted to the post of Sub-Inspector of Police. At the relevant point of time, the RTI Act was not in force. Later, on perusal of records, he came to understand that, despite having secured 140 marks, he was not selected to the post of Sub-Inspector of Police by the Selection Committee, because of the mistake that had occurred in awarding total marks. In such circumstances, the applicant made a representation to appoint him as Sub Inspector of Police with notional service benefits. However, the same was not considered and, in such circumstances, the applicant approached this Tribunal.

3. While the above being so, on 30.09.2021, a complaint was lodged against the applicant, stating that the applicant has tampered with the records during the course of perusal of records, under the RTI Act, 2005, and, based on the above complaint, a criminal case in Cr. No.15/2021, dated 23.10.2021, was registered for alleged offences U/s 467, 468, 471 IPC, at the CID Police Station, Puducherry. Based on the above criminal case, on 16.11.2021, the 4^th Respondent placed the applicant under suspension, vide Order No. OSD/DE- 1/33-9/SSP(C&I)/2021. The applicant has been continuously under suspension for more than 1 year and 1 month, without reviewing/revoking it, by violating the provisions of the Central Civil Services (Classifications, Control and Appeal) Rules, 1965. Hence, the applicant has filed the instant OA seeking the aforesaid relief.

4. Learned counsel for the applicant submits that, as per the decision of the Hon'ble Supreme Court of India, in Ajay Kumar Choudary -Vs- Union of India & anr (C.A. No. 1912 of 2015), unless and otherwise a charge memorandum is served on the suspended official, within a period of 90 days, suspension cannot be continued beyond 90 days. The Government of India has also issued Office Memorandum bearing ref: F. No. 11012/04/2016-Estt(A), dated 23/08/2016, to the above effect. Suspension cases will also have to be reviewed before expiry of 90 days from the date of the order of suspension as per DOPT O.M. No.11012/4/2003-Estt.(A), dated 19.03.2004. The applicant was suspended on 16.11.2021 and 90 days have already expired. However, no charge me