A suspension order under Rule 10 of the CCS (CCA) Rules becomes invalid if not reviewed or extended within 90 days; subsequent revocation cannot revive the invalid order.

Ajay Mohan Goel, Judge

(Oral

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(i) That the impugned suspension order dated 02.09.2025 contained in Annexure P-2 passed by the respondent No. 3 may kindly be held to be wrong, illegal and violative of principles of natural justice, keeping in view Annexure P-2 and Annexure P-5 respectively and consequently, the respondents be directed to release entire due and admissible salary to the petitioner for the month of August, 2025 and also, w.e.f; September, 2025 to till date alongwith interest @ 9% per annum, by issuing writ of mandamus and justice be done.

(ii) That a writ in the nature of mandamus may kindly be issued, directing the respondents to treat the petitioner as on duty for the period of deemed suspension from 18.08.2025 to 31.08.2025 for all intents and purposes and justice be done.”

Brief facts necetssary for the adjudication of this petition are that the petitioner, who was serving as a Beldar on regular basis, was arrested on 18.08.2025, upon registration of an FIR against him i.e. FIR No. 111/2025, dated 18.08.2025, registered at Police Station Dharampur, Mandi, under Section 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’). The petitioner was released on bail on 21.08.2025 and he reported back on duty on 01.09.2025. Thereafter, he was suspended on 02.09.2025 and as the suspension order of the petitioner was neither reviewed nor revoked, the petitioner approached this Court praying for the reliefs, already enumerated hereinabove.

The basic contention of the petitioner is that there was no review of the suspension order within the mandatory period of 90 days in terms of Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as ‘CCS (CCA) Rules’) and therefore, thereafter, the suspension order was rendered invalid. When this case was listed on 14.05.2026, the following order was passed:-

“Learned Additional Advocate General has handed over instructions datted 13.05.2026, in terms whereof, the Court stands informed that the suspension of the petitioner was reviewed and the same has been revoked on 11.05.2026.

This Court is of the considered view that in case the suspension order passed against the petitioner on 01.09.2025, was not reviewed within 90 days as from the date of the passing of the said suspension order then it i automatically became invalid after the expiry of 90 days from the said date. The instructions do not reflect that there was review of the order of suspension within 90 days as from 01.09.2025.

Faced with this situation, learned Additional Advocate General submits that he may be granted some time to apprise the Court as to whether there was any earlier review of the suspension order or not.

List on 20.05.2026. Instructions in the meanwhile.”

Today, learned Deputy Advocate General has produced instructions dated 19.05.2026, rec.eived from Executive Engineer, Dharampur Division, H.P.PWD, Dharampur, which reads as under:-

“To

The Ld. Advocate General,

Shimla, H.P.

Subject:- CWP No. 4246 of 2026, titled as Raj Kumar v/s State of HP& others.

Sir,

With reference to the subject cited above, it is intimated that the suspension order of the petitioner was not reviewed earlier. Consequently, the suspension was revoked under Rule 10 (5) of the CCS (CCA) Rules, 1965, vide this office letter No. 2364-70 dated 11.05.2026.

In view of the above, you are requested to apprise the Hon'ble High Court accordingly on the date of hearing i.c. on 20.05.2026.”

Part IV of the CCS (CCA) Rules deals with suspension. Rule 10 (2) thereof provides that a government servant shall be deemed to have been placed under suspension by an order of appointing authority with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise for a period exceeding 48 hours.

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