Excelsior Correspondent
JAMMU, Dec 5: Central Administrative Tribunal (CAT) Srinagar Bench has quashed the suspension of Junior Engineer Munshi Masood.
While allowing the petition, CAT held that the applicant will be entitled to all the consequential dues as per rules. However, the respondents are at liberty to issue a charge sheet and take further disciplinary action as they deem fit.
The applicant was put under suspension vide Order No. CE/D/KPDC/04 of 2022 dated 15.4.2022. The counsel for the applicant stated that the suspension of the applicant has continued beyond three months and despite that, neither the suspension has been reviewed nor any charge sheet has been issued to the applicant till date.
“As such the same is contrary to the law laid by the Apex Court in Ajay Kumar Choudhary Versus Union of India and Others and the judgments passed by this Tribunal in various cases including Mohammad Ashraf Reshi Versus UT of J&K, which have deprecated the continuous suspension of an employee without serving any formal charge sheet upon him within three months”, the counsel for the applicant submitted.
After hearing both the sides, the CAT observed, “it is a fact that the applicant has been suspended on 15.4.2022 and till date the respondents have neither issued any charge sheet nor reviewed the suspension”, adding “the instant case is squarely covered by the judgment of Apex Court in the case of Ajay Kumar Choudhary”.
“Since no charge sheet has been served upon the applicant nor the suspension has been reviewed, the impugned order of suspension dated 15.4.2022 is liable to be quashed”, the CAT said.
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