GAJENDRA KUMAR (Service) 09 July 2017
Ms.Usha Kapoor (CEO) 09 July 2017
Based on the principle of human dignity and the right to speedy trial, the landmark verdict is expected to affect lakhs of government employees across India, many of whom are under suspension for years pending departmental proceedings.
"Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration," a bench headed by justice Vikramjit Sen said.
If the charge sheet or memorandum of charges was served within three month, the suspension could be extended, it ruled.
"If it (suspension) is for an indeterminate period or if its renewal is not based on sound reasoning…, this would render it punitive in nature," the court said.
It agreed with petitioner's senior counsel Nidhesh Gupta that a suspension order can't continue for an unreasonably long period.
Protracted periods of suspension had become the norm and not the exception that they ought to be, the court said. It drew a parallel with criminal investigation wherein a person accused of heinous crime is released from jail after the expiry of 90 days if police fail to file the charge sheet.
The suspended persons suffers even before being charged and "his torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination". "Much too often this has now become an accompaniment to retirement," the court said, setting aside a direction of the central vigilance commission that required departmental proceedings to be kept in abeyance pending a criminal investigation.
The government, however, was free to transfer the officer concerned to any department in any of its offices to ensure the employee did not misuse contacts for obstructing the probe, the court said.
The order came on a petition filed by defence estate officer Ajay Kumar Choudhary, who was suspended in September 2011 for allegedly issuing wrong no-objection certificates for the use of a four-acre land parcel in Kashmir. After failing to get relief from the Delhi high court, Choudhary had moved the top court in 2013.
Since a charge sheet had already been served on Choudhary, these directions would not apply to his case, the court said.
GAJENDRA KUMAR (Service) 09 July 2017
Sir/Madam But u have not mentioned about how long an employee kept in suspension if he is chargesheeted, and i have alredy mentioned that i have chargesheeted by the police. Whether it is necessary that department will also served a chargesheet if any one already chargesheeted as in my case. please guide me
Ms.Usha Kapoor (CEO) 09 July 2017
You can't be put under suspension for an indefinite period without periodic review by your employer:If your employment contract says you can be put under suspension but with pay. If your employment contract doesn't say you can be put under suspension for grave misconduct even though it suspends you employer must give you full pay during suspension. You can appeal to the next higher Authority against a unduly delayed suspension order. Please read below.
Govt officials cannot be suspended for indefinite period, rules court
The Jammu and Kashmir high court has come out strongly in favour of dismissed government employees in state. The court on Friday ruled that the suspension of government employees cannot be open-ended or for an indefinite period.
The court ruled that the suspension has to be reviewed after periodic intervals and accordingly be revoked or extended. "Suspension of a government servant will lose validity in case it is not reviewed objectively after periodic intervals and on such review extended or revoked," the judgement read.
A single bench of justice Hasnain Massodi, while quashing the suspension orders, directed respondents to compute retrial benefits due to petitioners and release their pension benefits.
The court was hearing a case of an employee dismissed from service for his alleged role in large-scale embezzlement of government funds in rural development department, Islamabad (Anantnag).
After their challenge to dismissal succeeded, the dismissed employees were reinstated, but simultaneously placed under suspension retrospectively from the date of their dismissal.
"The government employee on his suspension does not cease to be a member of service. He continues to be in service, though temporarily asked not to discharge his usual duties. The employer, where an employee is placed under suspension, is duty-bound to ensure that inquiry into the alleged misconduct of such an employee is concluded with proper dispatch, so that the employee is not exposed to prolonged pain and agony that he suffers because of his suspension," the judge observed.
The judge further observed: "Suspension of a government employee having regard to its object, which is to exclude chances of a government employee facing an allegation of misconduct or criminal charge, influencing inquiry or trial or tampering with the record likely to come against him in support of alleged misconduct or criminal charge, is prospective in character. It can be used only prospectively unless the rules expressly give power to order retrospective suspension, to the competent authority."
Petitioners in another writ petition were placed under suspension on the same charges and attached with the office of divisional commissioner, Kashmir.
The trial in both cases remains to be concluded and the trial court is yet to return a finding on their alleged involvement in what was notoriously known as "Anantnag scam". The petitioners during pendency of the trial retired on superannuating.
Ms.Usha Kapoor (CEO) 09 July 2017
I wanted to cite two more decisionsof court in your favour but attachment is missing.Please Keep the attachments back.Please read Union of India Vs. Suresh Chandra(The Hon'ble Supreme court decision) in this regard.
Ms.Usha Kapoor (CEO) 09 July 2017
I wanted to cite two more decisionsof court in your favour but attachment is missing.Please Keep the attachments back.
GAJENDRA KUMAR (Service) 09 July 2017
Kindly send me Madam it is very helpfull to me, I am on the way of conclusion due to your guidance and one more question to you that If a person have chargesheeted by the police then Is it necessary that department will also served a chargesheet again to the employer. Because every orders of the court I have study that chargesheet has to serve by the department with in three month if it is not so then automatically suspension will revoke. The Supreme court of India judgement says it
Ms.Usha Kapoor (CEO) 09 July 2017
They are not letting me post the case laws here,..despite several attempts I couldn't succeed in pasting the c ase laws. Please send an email to me at this email ID.
ushakapoor310@gmail.com
If police serves a charge sheet on an employee his DEPARTMENT/EMPLOYER ALSO WOULD BE SIMULTANEOUSLY SERVED THE CHARGE SHEET BY THE POLICE.
Ms.Usha Kapoor (CEO) 09 July 2017
iF POLICE SERVES A CHARGE SHEET ON AN EMPLOYEE HIIS 'dEPARTMENT/EMPLOYER WOULD ALSO SIMULTANEOUSLY BE SERVED THE CHARGE SHEET BY THE POLICE.
Sudhir Kumar, Advocate (Advocate) 10 July 2017
Kumar Doab (FIN) 10 July 2017
Pls respond to Mr. Sudhir Kumar.
GAJENDRA KUMAR (Service) 10 July 2017
charge are in section only 420,468,473,120B
Kumar Doab (FIN) 12 July 2017
You have submitted the copy of charge sheet obtained from police to your office.
What is the fate of this case!
GAJENDRA KUMAR (Service) 12 July 2017
my case is pending and it will take to five years to reopend
GAJENDRA KUMAR (Service) 12 July 2017
I have submitted my chargesheet in feb 2017, in that chargesheet ,i am the co-auused (Not a primary accused) only sections are there against me because of my documents has recovered by police when he raid on the apartment where the primary accused were residing. I have informed to the deparment in November 2015, but they have not given the any chargesheet to me and delaying in deparmental proceding according to rule regarding my revocation and enhance my subsistance allowance and after one year on 29/11/2016 they have extended my suspension for three months in written and yet also that is the only one letter of extension of my suspension, what to do sir, you also guide me what is your opinion
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
