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indefinite suspension of Government employee

(Querist) 23 April 2011 This query is : Resolved 
Respected Sir,

A govt employee under govt of sikkim has been kept under suspension for more than three years on alleged criminal act and no departmental hearing etc has been held till date.he is getting suspension allowance.whether it is not illegal to place him under suspension for such indefinite period.
Isaac Gabriel (Expert) 23 April 2011
If criminal case has been filed,it should wait forits disposal. Yet , the suspension could be revoked on the basis of legal opinion.
Kirti Kar Tripathi (Expert) 23 April 2011
yes, it is illegal. Criminal Proceedings and disciplinary proceedings both are distinct and separate to each other. Thus solely on the ground of pendency of criminal case, suspension is absolutely illegal. The employee cant challenge such action in court of law.
Advocate. Arunagiri (Expert) 23 April 2011
You can file a writ for quick disposal of the departmental proceedings.
Guest (Expert) 24 April 2011
Dear Tara Prasad,

You are likely to get contradictory opinions of the experts, as your question does not seem to be complete. You have not stated full facts whether the suspenstion is consequent upon a police case and some criminal case is pending against the employee in a court of law, or he has been suspended for some misconduct in the office.

However, from the word "criminal act" you have used, it seem there was some police case against the employee and would also have remained in Police custody for some time. For criminal act, only police will launch a case against the employee in the court of law, and he will remain under suspension till the criminal case is decided. In that case suspension is quite legal.

However, if the employee has been suspended for some misconduct in his office, he can make an appeal to the concerned appellate authority for his reinstatement.
Ahmed Daud Girach (Expert) 24 April 2011
In govt of gujarat there is procedure to review all suspension cases after every six month of suspension a committee is formed consisting of HR Manager and chief engineer and MD who reviews suspension after each six month say meetings are held every June and December end.This type of system must be in Sikkim also as usually each govt follows ccs rules which contains such provisions.
Arun Kumar Bhagat (Expert) 24 April 2011
You will find High Court's judgement wherein maximum six months period is prescribed to initiate departmental proceeding against the delinquent employee.

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