Suspension valid if reviewed within 90 days from effective date; delay in charge sheet justified by investigation complexity in large embezzlement.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“i) a suitable order or direction setting aside Order No. F- 4/2/2013-14 dated 28.03.2014 Passed by Respondent No. 4. whereby the applicant has been placed under suspension (Annexure A-1 to compilation No. 1)

ii) a suitable order or direction setting aside Order No. F4/2/2013/Ch II date 26.06.2014 (Annexure-A-2 to compilation No 1) passed by Respondent No. 4. whereby suspension period of the applicant has been extended for a further period of 90 days

iii) a suitable order or direction setting aside order No. F4/2/2013-14/Ch. IV dated 24.09.2014 (Annexure A-3 to compilation No. 1) passed by Respondent No. 4 whereby suspension period of the applicant has been extended for a further period of 90 days.

iv) a suitable order or direction in the nature of mandamus commanding the respondents to forthwith reinstate the applicant on his post and accord him all consequential benefits and privileges of the said post to the applicant in accordance with law.

v) any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstance of the case.

vi) award cost of this application to the applicant.”

2. Brief facts of this case are that while the applicant was posted as Postal Assistant Konch LSG after transfer from Lalitpur H.O. on 10.03.2014 on administrative grounds, an order was passed by respondent no.4 dated 28.03.2014 placing him under suspension in exercise of powers conferred by Sub Rule (1) of Rules 10 of the Central Civil Services (Classification Control and Appeal Rules 1965). The suspension period was extended for a period of 90 days vide order dated 26.06.2014. The applicant received a copy of the letter dated 07.07.2014 written by Senior Superintendent of Post Office Jhansi to the Postmaster Lalitpur by which the applicant came to know that he had been placed under suspension on account of the fact that he was found involved in embezzlement of an amount of Rs.2,01,57,900/- due to negligence on his part. Another letter dated 05.08.2014 was issued to the applicant by the Senior Superintendent of Post Office Jhansi Mandal Jhansi whereby he was directed to register his daily presence in the office of Assistant Superintendent of Post Offices (Head Office) Regional Office, Jhansi. The applicant also submitted a representation before Director, Postal Services Agra Mangal Agra on 21.10.2014 against the suspension order but to no avail. The applicant has challenged the suspension order and its extension through this O.A.

3. Submission of learned counsel for the applicant is that the applicant had been placed under suspension without serving upon him any charge sheet until very later on 30.04.2015 after about an year of placing him under suspension. It is argued that the applicant has been illegally placed under suspension for a very long time without service of any charge sheet within 90 days and even the suspension order did not even mention the charges against the applicant. He has further argued that the order of suspension of the applicant has been extended by the review held beyond the stipulated period of ninety days. Thus, it was argued that the suspension of the applicant is illegal and the same should be quashed.

4. Learned counsel for the respondents have argued that the impugned suspension and extension of suspension orders have been passed as per rules and there is no illegality in the said orders that would require any intervention of this Tribunal. He states that