As per the provisions of Rule 10(6) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, an order of suspension made shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of 90 days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. It has been further provided in the above Rule that subsequent reviews shall be made before expiry of the extended period of suspension (which means 180 days). Extension of suspension shall not be for a period exceeding 180 (one hundred and eighty) days at a time.
Further, Rule 10(7) provides that an order of suspension made shall not be valid after a period of 90 (ninety) days unless it is extended after review, for a further period before the expiry of ninety days :
In view of the above statutory provisions, if your suspension has been continued beyond 90 days without reviewing it, as required under the above rules, then such suspension shall be invalid. You will have to challenge such suspension in the Central Administrative Tribunal (CAT) by filing an Original Application.
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.
.
