Excelsior Correspondent
SRINAGAR, Mar 27: The High Court has said that the Government servant can be placed under suspension till enquiry is contemplated or investigation or trial in criminal offence is pending against him.
Setting aside the CAT judgment whereby suspension against an employee was quashed on the ground the delay caused by the employer to complete the enquiry against the delinquent official, the Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta said a Government servant can be placed under suspension where an enquiry is contemplated or is pending or the complaint against him of any criminal offence is under investigation or trial.
The Government servant, court added, can also be placed under suspension if he is detained in the custody whether on a criminal charge or otherwise for a period longer than 48 hours, in such situation the Government servant would be deemed to be under suspension.
“The authority competent to place a delinquent Government employee under suspension is also empowered to revoke such suspension at any time, wherever a Government servant is placed under suspension, it shall be the endeavor of the competent authority to have the charge sheet filed in the court in case of prosecution and the charges served on the Government servant, in case of departmental proceedings within three months from date of suspension”, read the DB judgment.
Court said if it is not possible, to file charge sheet against the delinquent officer within time then such authority shall report to the next higher authority explaining the reasons for delay and the cases of such Government officer under suspension would be reviewed by the competent authority periodically to see that the steps could be taken to expedite the progress of trial/departmental proceedings so as to reduce period of suspension to barest minimum.
Court on perusal of the impugned CAT judgment said, it clearly transpires that the aforesaid instructions have not been taken note of by the Central Administrative Tribunal Srinagar Bench, else the only direction that could have been issued by the Central Administrative Tribunal, in the given facts and circumstances, was to direct the competent authority to review the suspension of the petitioners in the light of the fact that despite the lapse of almost one year, neither charge sheet in a court has been filed nor the departmental proceedings have been initiated.
“It is true ordinarily whenever a Government servant is placed under suspension on a criminal charge, endeavor should be made to produce the charge sheet before the competent court of law within a period of three months. The failure to produce a challan/charge sheet within a period of three months does not automatically vitiate the suspension”, court said and further added “However; in such cases the authority conducting investigation must report to the higher authority the reasons for delay. And also, the suspension of such Government servant is required to be reviewed by the competent authority”.
The DB allowed the appeal filed by the Government against the CAT order and set aside the same with the direction to the Chief Engineer KPDCL who had passed the order of suspension of the petitioner-Munshi Masood to review the same having regard to the fact that more than a year has passed since the petitioner was placed under suspension and the investigating agency has not been able to present the challan/charge sheet in the court.
“He shall also take note of the fact that even the departmental proceedings against the petitioner have yet not been initiated. He shall consider the entire issue in the light of the Government instructions appended with the Rule 31 vide SRO 616 dated 20th September, 1978, and pass a speaking order within a period of six weeks from the date of copy of the judgment is served upon him”, the Court directed.
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