suspension

[Sandeep Salve]

i am working in meera bhayandar municipal corporation in thane district as a junior engineer.
i was suspended on 25-05-2016 . memorandum of charges /charge sheet is served to me on dated 3-10-2016.
as per direction given by supreme court in civil appel case no 1912/2015 it is clearly mentioned that suspension of govt servent shall not extend beyond period of three months if within this period memorandum of charges /charge sheet is not served.

is my suspension is valid or invalid

[Dr. Ashok Dhamija]

The service rules applicable to you in respect of suspension may also be relevant (specially, how much period is prescribed in the rules for serving of charge sheet after the suspension).

In any case, you should have (examined and) challenged the suspension at the time when the period of 3 months had been completed and the charge sheet was yet to be served. Challenging the validity of suspension when the charge sheet has now already been served may or may not be successful.     

---

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. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts