Suspension Government employee

[Preeti]

Sir,

I am a central government employee. I was suspended in August 2016, it just states non-performance of duty. After that no separate charge sheet was given. Irrespective I gave explanation of suspension within 10 days.
But they extended my suspension to beyond 90 days on 89th day of suspension, reason given that it is still under review.
Now suspension period is towards completion of 180 days. Following are my queries:
> Like 90 days, 180 days is also a limit before which I should expect a reply on suspension from them.
> Should I be getting 100% salary after 6 months period.
> Which court takes care of these cases and how to proceed with that ?

[Dr. Ashok Dhamija]

Please see the following two articles on Tilak Marg:

(1) http://tilakmarg.com/news/suspension-order-not-to-extend-beyond-3-months-if-charge-sheet-is-not-served-says-supreme-court/

(2) http://tilakmarg.com/news/suspension-not-to-exceed-3-months-if-charge-sheet-not-served-says-central-government/

So, even Central Government has agreed that suspension cannot extend beyond 3 months if charge sheet is not served.

You should challenge your suspension on the basis of above orders.     

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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.

[Preeti]

Thanks for replying Sir.

I had a talk with my seniors they say that you replied to suspension letter, so no separate charge-sheet will be given to you. Suspension letter will be considered as charge-sheet.
Please let me know that which court deals with it for speedy trial.
Like 90 days, Is 180 days from suspension also a limit before which I should expect a reply ?

[Author]

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