Extension of Suspension

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months, 1 week ago.

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  • #2555

    Dear Sir
    one of my friend is working in Ministry of I&B and placed under suspension for more than one year without any charge sheet. As per the judgement of Supreme Court of India in Ajay Kumar Chaudhary Vs GOI, suspension beyond 90 days without Chargesheet is not tenable.
    It means the officers who are extending the suspension of My friend again and again think that they are superior than Hon. Supreme Court.They have no value of decision given by Honb. Supreme Court.They are just playing with his emotions and life. If they have not issued any charge sheet to him within three months then they should follow the decision of Honb. Supreme Court and order of Dopt dated 23.08.2016. The officers who are not obeying these orders,what legal action can be taken against them?

  • #2556

    In the case of Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291 : AIR 2015 SC 2389, the Supreme Court had directed that the suspension of a Government servant shall not be extended beyond a period of three months, if within this period the Memorandum of Charges / charge-sheet is not served on the delinquent officer / employee [see: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court].

    In fact, subsequently, the Central Government has itself directed that where a Government servant is placed under suspension, the order of suspension should not extend beyond three months, if within this period the charge-sheet is not served to the charged officer [see: Suspension not to exceed 3 months if charge sheet not served, says Central Government.]

    If, in spite of these specific directions, your friend continues to be under suspension beyond 3 months while the charge sheet is yet to be served on him, it should be challenged in the Central Administrative Tribunal (CAT). If the concerned authority does not obey the lawful directions relating to suspension, then such authority may be himself subject to disciplinary action if it is found to be deliberate or due to gross negligence; your friend can try making complaint in this regard or may insert a prayer in the Original Application before CAT; but chances of success in such efforts to get the concerned authority penalised would be generally limited. Chances of a successful contempt action against such authority for violating the court orders would also be less, generally speaking. The first effort of your friend should be to get the suspension revoked; and, in fact, when he is aware of 3 months’ time limit he could have challenged it earlier and should not have waited for one year.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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