Suspension period
S
(Querist) 28 April 2014
This query is : Resolved
My colleague has been suspended in the month of October (29/10/2014) for contemplating disciplinary proceeding . He is working as a PGT Teacher in Navodaya Vidyalaya samiti. His headquarters has been changed from Amravati to North Goa, immediately. Till date he is not charge-sheeted and there is no official communications about the reasons for his suspension. He is completing 180 days (Six months). Now, what course of legal action he has to take for revocation of his suspension?
How can he change his headquarters to his original station i.e. Amravati, Maharashtra.?
Please help him.
Guest
(Expert) 28 April 2014
Wrong date of suspension has been mentioned, as the date 29.10.2014, is yet to come. Headquarter can be changed dueing suspension.
Anyway, you have not mentioned, which of the Conduct, Discipline & appeal rules apply to your friend in the Navodya Vidyalaya. If Central Government Rules are applicable, his suspension was required to be reviewed after expiry of three months. Some set of rules provide review of suspension after 6 months. So, even six months are going to be completed by 28.10.2014 (if suspended with effect from 29.10.2013).
If so, wait for action of the authorities for about a week. If suspension is not revoked, your friend may submit appeal against suspension to the appellate authority.
Rajendra K Goyal
(Expert) 28 April 2014
Refer the service rules applicable in the institution and what is the review time. Agree with the expert PS Dhingra ji.
Agree, HG can be changed during suspension.
Sudhir Kumar, Advocate
(Expert) 28 April 2014
has the suspension been reviewed within three months? has he received copy of renewal order.
S
(Querist) 29 April 2014
He has been suspended in the month of October (29/10/2013). Under Rule 10 (1) of the CCS (CCA) Rules, 1965, he was placed under suspension where a disciplinary proceeding against him is contemplated or is pending'
No review has been done. So he was not issued any copy of renewal order.
He is 1000 k.m. away from his native/working place. He suffers a lot and wish to go for legal redress. Kindly guide him. What should he do next?
Guest
(Expert) 29 April 2014
If the diciplinary authority has not conveyed the orders for extension of suspension after review within the first 90 days, the order of suspension has become invalid. You may first of all send appeal to that effect to the concerned Appellate Authority to treat the order as invalid and allow the period of suspension as duty for all purposes.
No legal redressal can be possible before exhausting the prescribed official channels, i.e., appeal to the appellate autghority.
If the appellate authority do not consider your case favourabkey then approach CAT for quashing of the order of suspension by treating that as invalid.
However, the case seems to be of the nature of some bias and revengeful attitude of some authority, which needs be discussed in person with some service laws expert for further guidance.
Advocate. Arunagiri
(Expert) 29 April 2014
I agree with Mr.Dhingra and Mr.Sudhir.
You have to approach the CAT for a suitable remedy. Please check whether your department comes under the CAT.
