suspension

Syed Ali (Querist) 30 July 2011 This query is : Resolved
Dear Sir,

Sri. K.S.Srinivas answered that the suspension should not exceed 2 yrs as settled in some cases legally. Could anyone
give the references pl.

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M V Gupta (Expert) 31 July 2011
There is no such limitation. Some times where the employee is suspended due to his involvement in any criminal case, the suspension is continued till he is found not guilty by the Court. See 1989 (1) LLJ 302 (SC) where the employee was under suspension for more than 214 years.

Kirti Kar Tripathi (Expert) 31 July 2011
It is not correct that suspension should not exceed 2 years. The period of suspension depends upon the nature of the case and also circumstance surrounding it. However, the management is duty bound to take decision as expeditiously as possible. Undue delay is not warranted and suspension can be challenged on this ground.

RK Agrawal (Expert) 31 July 2011
i am agree with the Mr. MV GUPTA and Mr. Kirti Kar Tripathi.

K.S.Srinivas (Expert) 31 July 2011
For the convenience of all and also their kind reading, the judgement delivered by the Hon'ble High Court of Andhra Paradesh in the case of P. Lingamurthy vs Government Of Andhra Pradesh And ... on 27 October, 1998
Equivalent citations: 1998 (6) ALD 784
Bench: S Nayak is exhibited below. I hope this judgement may be of useful to Mr.Syed Ali. I request Mr.Ali to go through this and inform me whether it is any useful in your case.

P. Lingamurthy vs Government Of Andhra Pradesh And ... on 27 October, 1998
Equivalent citations: 1998 (6) ALD 784
Bench: S Nayak

K.S.Srinivas (Expert) 31 July 2011
The Judgement cited is attached in pdf version.

Guest (Expert) 01 August 2011
Dear Syed,

Had you mentioned whether the suspension case relates to Government employment or private employment, I would have given some more valuable information on the subject matter.

M V Gupta (Expert) 02 August 2011
The AP HC judgement in P.Lingamurthy's case gives a comprehensive legal position on prolonged suspension of an employee. A very good citation for the querist to see and be guided.

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