While I have not seen the actual rules which are applicable in your organisation (i.e., Food Corporation of India), let me state the general principles with regard to suspension which may be applicable subject to the actual rules existing in your organisation:
(1) The recent judgment of the Supreme Court in the case of Ajay Kumar Choudhary, laying down 3 months’ limit for suspension was mainly with regard to suspension which is due to a departmental proceedings in which charges have not been communicated. This judgment was not in respect of the suspension on the basis of a criminal case; however, the general principle that suspension should not be for an unduly long period, may perhaps still apply.
(2) Secondly, it is not clear as to whether charges have been framed by the court in the criminal case against you.
(3) Generally, the rules provide for renewal of suspension periodically (may be after every 3 months). For this, there needs to be application of mind by the authority. Such decision is required to be communicated to the officer concerned. In the absence of these, continued suspension may be challenged.
(4) Usually, 50% subsistence allowance is given for an initial period of suspension as mentioned in the respective rules applicable (say, 6 months), and, thereafter, this allowance may be increased generally to 75% if the suspension continues beyond this initial period.
(5) You may challenge the suspension before the appropriate court or tribunal, by engaging a local lawyer at your place, if needed. Show all relevant orders / records to such lawyer.
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.
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