Revocation of suspension continuing for one year with no chargesheet

[Parthasarathi Bhat]

My 2-3 friends are working in Delhi Govt. They have been suspended for small issues and Authority proposed to take disciplinary action as mentioned in the order. They are under suspension for the last 1 year. No charge sheet/Memo was issued for the last one year and more and authorities are not taking any positive action to revoke the suspension.

I understand that there is no clearcut guidelines/circular for revocation of suspension. Review committee take decision only to extend the suspension period at the end of first 3 months, and at the end of subsequent 6 monthly periods.

It is submitted that grounds for suspension is not related to any criminal case and there is no FIR/arrest. No financial loss was also involved. Reason for suspension relating to records destroyed due to rain, file not traceable, not attended the election duty, violation of instructions (due to over sight ) etc.

In the above situation , please advise whether we should knock the doors of Court or wait.

[Dr. Ashok Dhamija]

On the basis of the facts narrated by you in your question, I feel that it may perhaps be a fit case to approach the courts for revocation of suspension.

As I had mentioned in one of my previous articles (Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court), there is a Supreme Court judgment as per which suspension should not extend beyond 3 months if charge sheet is not served on the suspended employee. It appears that the legal principle laid down by the Supreme Court in the aforementioned case has been violated in your case.

Therefore, in my opinion, you can perhaps approach the competent court / tribunal for revocation of the suspension.

     

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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.

[Parthasarathi Bhat]

Thank you Sir. You are great. You are giving reply at 11.45 PM which shows that you are completely dedicated to your aim and objective in the larger interest of the society.

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