P S Jaya sankar 13 September 2021

correctness of suspension more than 10 years

whether a government servant can be placed under suspension for more than 15 years nearly on the ground of a pendency of criminal appeal before High Court for an incident of manhandaling case occurred outside duty place and duty hour on some personal issue? Employee is on bail in appeal against conviction by lower Court.

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minakshi bindhani 13 September 2021

As per your query

The Supreme Court in a judgement of
Khem Chand vs.Union of India (1963) held that:

An order of suspension of a government servant does not put an end to his service under the Government. He continues to be a member of the services despite the order of suspension.

A prolonged suspension is undesirable if any suspension has not been reviewed on completion of ninety (90) days for continuation, the same would be vitiated. The SC was further observed in a case.

However, If your charge sheet has not been filed within 3months. If the memorandum of charges has been framed and furnished under the "contemplated" disciplinary proceeding within three months. Neither the authorities have undertaken any review for the continuation of the suspension order within three months nor immediately on completion of three months.

The remedy availed :

1. You may approach High Court under section 482 to quash the suspension order.

2. Hence, you may seek any relief because it impacts the natural justice of the law.

Hope it clarifies
Regards
Minakshi Bindhani

P S Jaya sankar 13 September 2021

Thank you so much for your valuable input. However I have a small query if u may please to clarify. Employer neither reviewed the case nor issued show cause notice in 30 days. Now on my approach to Central Administrative Tribunal(CAT), it is conveyed by them in counter affidavit that I committed some misconduct. Still not conveyed me directly. Can I take up this as main ground for relief?