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2019 (3) TMI 2033 - Tri - Indian LawsPrayer to reinstate into service and to enhance the subsistence allowance - HELD THAT:- Whenever an employee is arrested and kept under detention for a period exceeding 48 hours, he shall be deemed to be under suspension. It is in the said context, that the impugned order dated 16.07.2018 is passed. Thereafter, the suspension was extended for another 180 days through order dated 28.09.2018. Rules 10 (6) empowers the Government to extend the suspension beyond 90 days, for reasons to be recorded. The respondents are yet to make up their mind whether or not to institute the departmental proceedings. That would be possible only when they get to know the relevant facts that led to the detention of the applicant. Initiation of the departmental proceedings in a hasty manner is certain to become futile. The proceedings in a criminal case on the other hand, would depend upon the nature of the progress of the investigation. Therefore, the application of the rule of 90 days in the instant case becomes a bit doubtful. Be that as it may, it is for the concerned department to decide whether or not to continue an employee under suspension. They have to weigh the gravity of the charges on one hand and interest and need of the department on the other. If the charges are frivolous and the work of the officer would be useful to the department, a decision for reinstatement may be taken. If on the other hand, if the charges are serious, a decision is bound to be in a different way. Application disposed off.
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