Regularisation of suspension period

Amaresh Patel (Querist) 25 October 2013 This query is : Resolved
Dear Sir,

I am a central government employee working in the department of Posts, India.
I was made over the suspension order after working hours on 31.01.13 by my disciplinary authority which is not the appointing authority of my present post with the subject :-
A disciplinary proceeding against -- - is contemplated and kept under suspension with immediate effect vide sub rule- (1) of Rule 10 of CCS(CCA) Rules, 1965.
For kind information no prior explanation was called for.
Again on 22.02.13 I was revoked vide sub-rule(5) of Rule 10 of the CCS(CCA) Rules 1965 and I resumed the duty at the afternoon on 22.02.13.
Still this I have neither been “communicated the reasons of suspension”/chargesheeted nor finalized my case and so the aforesaid 22 days of suspension period has not been regularized. For the suspension period I have been paid the subsistence allowance only.
Now 8 months have been elapsed. I have not appealed for anything so far.
So I want to know that
1. Is the suspension order now void ? And if so should I represent for regularization of the aforesaid period ?
2. If no what is the time duration within which my case should be finalized ?
3. What are the options for me for the regularization of the aforesaid period of suspension.

With regards.

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Sudhir Kumar, Advocate (Expert) 25 October 2013
have you received chargesheet.

Amaresh Patel (Querist) 26 October 2013
I have not received the chargesheet till this.

Sudhir Kumar, Advocate (Expert) 26 October 2013
the suspnesion can be held justgified only when it is folowed by major penalty.

you said that so far there is not even a chargesheet. wait for some more time.

Rajendra K Goyal (Expert) 26 October 2013
If no charge sheet under major penalty clause is not issued after some time even write a representation to the disciplinary authority for balance of payment and regularization of service.

Contact P & T Employees Association.

Raj Kumar Makkad (Expert) 28 October 2013
I do endorse the advice of Rajender K Goyal

Amaresh Patel (Querist) 28 October 2013
Thank U Sirs. And can U kindly convey me whether any time limit for such kind of representation is there ?

Amaresh Patel (Querist) 02 November 2013
Dear Sir,

After 271 days I received the chargesheet on the charge that I failed to maintain devotion to duty and acted in a manner which is unbecoming of a Govt Servant as required under Rule- 3(1)(ii) and 3(1)(iii) of CCS(Conduct) Rules-1964.

The fact was like this :-

That I am acting as Supervisor of an office and I could not relieve a subordinate though he had been granted Earned Leave by my disciplinary authority, received through email and that was due to pressure of work and I replied through email like " It is for kind information that as one of the 3 assistants has been on training and only 2 assistants are working the said Sri XXX cannot be relieved on office arrangement".

Now my disc. authority has chargesheeted me and directed me in that memo. to submit within 10 days a written statement of his defence and also to state whether I desire to be heard in person.

So can U kindly help me what statement I have to submit and what is the severity of the case.

With regards