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 extensions invalid.

ORDER

1. Brief facts of the case are that the applicant is an Indian Revenue Service (IRS) officer of 2004 batch and while he was serving at the past of commissioner of Income tax at Hyderabad, CBI registered R.C. No. 21820025 A 0012 dated 09.05.2025 against him and he was arrested by CBI on 10.05.2025. The applicant was enlarged on bail on 21.06.2025. As a result of his detention, he was placed under deemed suspension w.e.f. 10.05.2025 vide order dated 26.05.2025 passed by the respondent no.1 in exercise of the power conferred under Rule 10(2)(a) and Rule 10(2)(b) of the CCS (CCA) Rules, 1965. Thereafter, the respondents issued an order dated 12.09.2025 extending the suspension of the applicant for a further period of 180 days on the ground that the CBI investigation was pending. The said extension of suspension order was served upon the applicant on 07.10.2025. Feeling aggrieved with the order dated 12.09.2025 of extension of his suspension, the applicant has filed the present OA for seeking following relief:-

“(i) call for the relevant records of the respondents in the matter;

(ii) declare that the applicant is entitled for reinstatement in service with effect from 08.08.2025, being expiry of 90 days’ period from the effective date of deemed suspension i.e. 10.05.2025;

(iii) declare the order dated 12.09.2025 [Annexure A-1 impugned arbitrary and illegal and consequently quash the same;

(iv) declare that the applicant is entitled for reinstatement in service with effect from 08.08.2025, i.e. on expiry of 90 days from the date of initial suspension of the applicant;

(v) further declare that the applicant herein is entitled for full pay and allowances with all consequential benefits, including continuity of service, seniority and pensionary benefits, at least with effect from 08.08.2025 and accordingly issue appropriate direction to the respondents to pay the difference between the salary and subsistence allowance paid with interest thereon @12% per month till payment.

(vi) award exemplary cost against the respondents and in favour of the Applicant;

(vii) may also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice.”

2. Learned counsel for the applicant submitted that the applicant was placed under suspension w.e.f. 10.05.2025 so issued by respondent no. 1 on 26.05.2025 under Rule 10(2)(a) r/w Rule 10(2)(b) of the CCS (CCA) Rules, 1965. As per Rule 10(6) r/w Rule 10(7) of the Rules the said order of deemed suspension has to be reviewed by the competent authority before expiring of Ninety days from the effective date of suspension i.e. on or before 08.08.2025 in the instant case after receiving the recommendation of the review committee. The learned counsel further submitted that neither the review committee meeting was held nor any extension order was passed before 08.08.2025. This obligation became binding as the applicant was enlarged on bail on 21.06.2025 and neither the charged sheet was filed in CBI case nor any charge memo in disciplinary proceeding was served upon applicant till 08.08.2025, in terms of Rule 10(7) of the Rules. It is argued by the learned counsel that the suspension became automatically lapsed as the respondents have not taken timely action for review/extension of deemed suspension.

3. Learned counsel for the applicant has relied upon the order dated 10.11.2023 passed by this Hon’ble Tribunal in OA 2048/202