Revocation of suspension

Querist : Anonymous (Querist) 10 December 2011 This query is : Resolved
Im a central govt employee and placed under suspension for the reason that a criminal investigation is pending and detained for more than 48 hrs. Charge sheets have been issued byCBI and trial is in progress My suspension has been extended by the authorities for the past 4years after review without stating any reason for such an extension. Representation proved futile. I want to know whether the extention order should spell out the reason for my extention and what remedy I have got to get revoke my suspension. Pl reply urgently

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Devajyoti Barman (Expert) 10 December 2011
Yes at least the prima facie reasons must support their actions of extensions.
You should move the CAT to vacate the suspension orders as the department without the order of CAT is not going to revoke the suspension.

Guest (Expert) 10 December 2011
For suspension, no reason is spelled out in suspension order. CCS (CCA) Rules clearly provide for deemed suspension of an employee when he remains under police custody for 48 hours or more. However, you are free to make formal apeal (not representation) against the suspension order to the appellate authority based on merits justifying why revokation of suspension would be advantageous to the Government as the CBI case may take indefinite time to be decided. But still, the Appellate Authority would seek consent of the CBI, the case being under trial by the CBI.

CAT does not interfere in CBI cases where the case is registered for trial under the Prevention of Corruption Act and the cases are under trial in the CBI court. However, if the CBI recommends or the CBI court directs the Disciplinary Authority for revokation of suspension that may help you. Your suspension cannot be revoked without the consent of the CBI in any case.

Raj Kumar Makkad (Expert) 11 December 2011
Dhingra G has already replied as per my mind and thoughts.

Shonee Kapoor (Expert) 11 December 2011
Agree with Dhingra ji.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

jeevan1950 (Expert) 12 December 2011
Suspension is an administrative act and not punishment and does not fall under rule 11. You have been suspended as you were in PC for more than 48 hours and your suspension is on criminal trial which is pending. Try to get the trial completed and if you are not guilty then u can be restored. this is only thing you can do.

Guest (Expert) 12 December 2011
@ Makkad ji & Shonee ji,

Thank you for endorsing my views please.

Advocate. Arunagiri (Expert) 12 December 2011
I differ with Mr.Dhingra.

Revocation of the suspension is purely the discretion of the authority or superior to him who had suspended the employee.

Pending the criminal case the suspension can be revoked. No need for getting the permission from the CBI.

Revocation of the suspension is different from the criminal case. It is not deemed as the employee is having no case against him.

His further continuance in the job depends upon the final verdict of the CBI Case.