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DEBABRATA MALLICK (DCF&S)     13 September 2013

Automatic revokation of suspension after 90 days;

Para 6 of the judgement in CENTRAL ADMINISTRATIVE TRIBUNAL; PRINCIPAL BENCH case no. OA No. 3761/2012; New Delhi this the 11th day of April, 2013; given by  HONBLE MR. G. GEORGE PARACKEN, MEMBER (J)   and    HONBLE MR. SHEKHAR AGARWAL, MEMBER (A); between ASI Rajbir Singh [Applicant] vs.1. The Govt. of NCT of Delhi 2. Joint Commissioner of Police, South-East Range, Police Headquarter, New Delhi. [Respondents]

Reads as follows:  

6.         It is a well settled legal position that unless the suspension order is not reviewed within a period of 90 days, the suspension would automatically expire and the suspended employee has to be reinstated in service.  In this regard, sub-rules (6) and (7) of Rule 10 of the CCS(CCA) Rules, 1965 which have been reproduced earlier, are quite relevant.  Sub-rule (7) very clearly states that an order of suspension made or deemed to have been made under sub-rules (1) or (2) of Rule 10 (ibid) shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.  

In this context, I want a little more elaboration that when CCA Rules of all the states originate from Central CCA Rules, is the Govt. of WB is also obligated  to follow such norms.  What can be or what are the corollary rules of this nature in WB Govt. Service Rules??  



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