Suspension valid if reviewed by Committee before 90 days expiry even if formal order issued shortly after; identical provisions in CCS Rules and ESIC Regulations; competent authority includes Disciplinary Authority without special empowerment.

ORDER WHEREAS

Shri. Vasanth Kumar. K.

Assistant was under suspension w.e.f. 21.02.2024 vide Order of even number dated 21.02.2024 for misappropriation in 475 fraudulent benefit payments to the tune of Rs.96,43,936 (Rupees ninety six lakhs forty three thousand nine hundred thirty six only).

And whereas the Review Committee has reviewed the suspension of Shri. Vasanth Kumar. K on 20.05.2024 and recommended for a further extension of suspension of Shri. Vasanth Kumar. K, Assistant for a further period of one hundred and eighty (180) days.

And whereas the undersigned, has accepted the recommendations of the Review Committee and approved extension of suspension of Shri. Vasanth Kumar. K, Assistant for a further period of one hundred and eighty (180) days.

Now, therefore, I, T. Renuka Prasad order that the suspension of Shri. Vasanth Kumar. K, Assistant stands extended till 16.11.2024. There will be no increase or decrease in subsistence allowance as ordered vide ORDER of even number dated 21.02.2024.

It is further ordered that during the period of this suspension order, the Head Quarters of Sri. Vasanth Kumar. K, Assistant will be ESIC SRO Mangalore, and he shall not leave the headquarters without obtaining the prior permission of Deputy Director (1/c) of ESIC SRO Mangalore.

(T. RENUKA PRASAD) Additional Commissioner & Regional Director / Disciplinary Authority”

8. The Review Committee further considered the matter in its meeting on 12.11.2024 and thereafter, extension of suspension period order (Annexure – A3) was also issued on 12.11.2024 and the suspension period was extended till 15.05.2025.

9. In this petition, the applicant mainly challenged the initial suspension order (Annexure – A1) dated 21.02.2024 and extension of suspension order (Annexure – A2) dated 24.05.2024. By the order Annexure – A1, the applicant was placed under suspension and by order Annexure – A2, the suspension period was extended till 16.11.2024. By order Annexure – A3, the suspension period was further extended till 15.05.2025.

10. As per applicant the suspension order was not passed by the competent authority because the ‘Additional Director’ is senior to the Regional Director who was not empowered to place the applicant under suspension. It is also argued by the applicant that the initial order (Annexure – A1) was issued in exercising the power under sub- rule (1)(b) of Rule 10 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 while the regulations called “Employees State Insurance Corporation (Staff & Conditions of Service) Regulations, 2023” was in force w.e.f. 12.06.2023. The copy of the aforesaid Regulations is placed as Annexure – A17 at page no. 277 of the paper book. The applicant also submitted that the first extension order was not passed within 90 days of the initial order of suspension. If the order of extension is not passed within 90 days, then the suspension will be treated as revoked. If the first extension order was not passed within time than the further extension order has no any value. Another argument of the applicant counsel is related to the Review Committee. It is submitted by the applicant counsel that the constitution of the Committee was not proper because one junior officer was included in the Review Committee.

11. On the other side, the respondents opposed the claim of the applicant. It is