Suspension
Devnandan Sharma
(Querist) 21 April 2012
This query is : Resolved
I am a Professor in a University. I was on extraordinary leave for 6 years in an assignment outside the University. During my leave, a Vigilance Case was instituted against me. When i joined the University after expiry of leave I was placed under suspension due to the Vigilance case. The period of my suspension exceeded four years. Is there any law which determines the maximum period of suspension?
Sudhir Kumar, Advocate
(Expert) 21 April 2012
No Law deterines the maximum period of suspnesion.
Is your university central or state?
How 6 years leave could be sanctioned to you if the university has adopted state/central Govt leave rules.
What was the vigilance case adn what were the allegations the propriety of suspension can be discussed only in light of such perspective.
At what stage is the vigilance case? any chargesheet Inqiury etc?
SAINATH DEVALLA
(Expert) 22 April 2012
Dear Sharmaji,
Your query is not in detail,kindly provide the exact cause of suspension and the vigilance case that was initiated,then only we can come forward with the correct remedy.
Guest
(Expert) 22 April 2012
Dear Devnandan,
No maximum period is fixed for suspension, Suspension can continue till the administration considers it necessary to keep off the employee from office records. Normally, suspension should not exceed the period beyond the completion of investigation (NOT departmental inquiry after chargesheet) in the case to decide about the nature of charge against the employee.
I don't think any such investigation can take such a long period of 4 years or more.
You may better submit an appeal to the appellate authority and if suspension is not revoked by the order of the appellate authority, go to the court against continuation of suspension for such a prolonged period.
K.S.Srinivas
(Expert) 23 April 2012
Dear Sri Sarma,
The Government of Andhra Pradesh has issued G.O.Ms. No. 86, General Administration (Services-C)
Department dated 8-3-1994. Sub-clause (iii) of Clause 3 of the Government Order provides for an outer limit
of two years for suspension of a public servant and it states tliat only in exceptional cases having regard to the
gravity of the charges levelled against an employee, suspension be extended beyond a period of two years.
The Judgement delivered by High Court of A.P. in a case relating to Linga Murthy may be useful to you and the same is attached.
Sudhir Kumar, Advocate
(Expert) 24 April 2012
Mr Sharma never so far stated that he was employed under AP Govt.
He has not replied what I and what Mr Devella has asked.
