Suspension cannot be used as a punitive measure absent timely charges; undue delay undermines justice.

1. Heard.

Despite repeated judicial pronouncements of the Apex Court and this Court in number of cases, it is found that the authorities have been using the power of suspension as a device of penalty without even caring to issue charge - sheet within reasonable period.

2. Present case is a classic example of this unbridled and arbitrary exercise of power of suspension. On certain allegation of commission of misconduct that the petitioner misappropriated certain funds, he was placed under suspension vide order dated 4.5.2016 while he was working as Panchayat Secretary. After placing the petitioner under suspension, as has been stated in the petition and not rebutted by filing any reply by respondent No.3, no development has taken place in the departmental enquiry against the petitioner, in contemplation of which he was placed under suspension. Not even charge - sheet has been issued despite lapse of more than 1 and ½ years since the date, suspension order was passed.

3. A perusal of the impugned order shows that the Chief Executive Officer of Janpad Panchayat invoked its power under R.4(1) of the Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999 (in short "the Rules of 1999").

4. In the case of Ram Kumar Rajwade v. State of Chhattisgarh and Ors. (WPS No.3005 of 2017 decided on 13.7.2017), this Court had an occasion to examine the statutory scheme of Rules of 1999 with particular reference to power of suspension placed in the hands of the Chief Executive Officer of Panchayats in the matter of suspension of subordinate employees. It was found that unlike the Rule applicable to the Govt. servants where there is a corresponding obligation to issue charge - sheet within specified period with consequence of revocation to follow in the absence of issuance of charge - sheet within the specified period, under the Rules of 1999, there is no corresponding obligation placed on the authority exercising power of suspension to issue charge - sheet and formally institute departmental enquiry to inquire into allegation of misconduct for which the employee was placed under suspension. This Court directed the Govt. also to examine the Rules and to consider making necessary provision in the Rules creating such statutory obligation of issuance of charge - sheet within the specified time, as is provided in the Rules relating to suspension in the matter of Govt. servant as it contained in Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short "the Rules of 1966"). Even in this case, this Court had observed this anomaly in the Rule and required the State counsel, on more than one occasions, to apprise as to what steps have been taken in the matter of providing time limit for issuing the charge - sheet where a Panchayats employee is placed under suspension.

It appears that the State, till date, has not come out with any specific provision.

5. It has been settled legal position that suspension is not a penalty and should not be used as a device to penalize the employee for charges which are yet to be proved. Merely because the allegations are serious, it does not legitimatize continuance of suspension for long period without any steps taken towards expeditious disposal of disciplinary proceedings. It would be the worst situation where though suspension order is passed, the authority cares not to even institute departmental enquiry by issuance of charge - sheet. Non - issuance of charge - sheet within a reasonable time, in the abse