Judgment of the Supreme Court in Ajay Choudhary case was in respect of a Central Government servant to whom the Central Civil Services rules were applicable. In those rules, there is a provision of review of the suspension within 90 days. Primarily, the legal principle laid down in the above judgment would definitely apply in the case of all Central Government employees.
The legal principle laid down in the above case may be applicable to employees of state governments also. More so, if the relevant rules for suspension in a state government also provide for review of suspension after 90 days.
But, I think, basic legal principle in the above ruling of Supreme Court should apply to state government servants also, even if there is no provision for review of suspension after 90 days. However, if there is a provision for review of suspension in state government rules, then the case for applying the above SC ruling becomes much stronger.
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.
.
