summary trial after suspension

[verendra bhatt]

I was suspend on 27 February and my headquater was changed. On 1st April enquiry team conducted summary trial. No charge sheet was given neither no intimation for further extention of suspension after expiry of 90 days was produced. 155 days are over. Kindly suggest me what to do further. Can I file petition in high Court dehli after the expiry of180 days.? Kindly suggest me…. with thanks

[Dr. Ashok Dhamija]

It is not clear under which Government or PSU you are working. Recently, the Supreme Court had held that Suspension order not to extend beyond 3 months if charge-sheet is not served. The Central Government had also issued similar orders directing that suspension shall not extend beyond 3 months if charge sheet is not served. However, it is not clear whether you are working with Central Government.

If the rules of your organisation require renewal of suspension after first 90 days of suspension after reviewing it, and if your suspension has not been reviewed after 90 days’ period, then you should challenge it in the appropriate court; it may be Delhi high court or may be the tribunal, depending on where you work. In such situation, you need not even wait for 180 days.

     

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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.

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