The relevant rule in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is not clear whether the recommendation of the review committee is binding on the disciplinary authority for continuing or revoking the suspension. But, in any case, at least, the disciplinary authority is required to give reasons if such authority does not act in accordance with the recommendation of the review committee and takes a contrary decision.
Further, there are Government instructions that if the officer has been under suspension for one year without any charges being filed in a court of law, he shall ordinarily be reinstated in service without prejudice to the case against him. But, it is also in the instructions that, however, in case the officer is in police/judicial custody or is accused of a serious crime or a matter involving national security, the Review Committee may recommend the continuation of the suspension of the official concerned.
But, in your case, the review committee has recommended revocation of the suspension to which the disciplinary authority has not agreed.
In these circumstances, you may consider approaching the Central Administrative Tribunal (CAT) against the order of continuation of suspension, and try your luck.
At the same time, you may have to fight the regular criminal case against you since one of the sections applied against you relates to rape which is a serious offence. If you feel that the criminal case against you is weak, you may challenge the framing of charges or otherwise try to get the trial concluded expeditiously.
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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