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2016 (11) TMI 1745 - HC - Indian LawsSuspension order - deemed suspension - respondent would submit that as a criminal case is pending against the petitioner, the suspension is a deemed suspension and therefore, that order cannot be challenged in this writ petition - HELD THAT:- In the case of AJAY KUMAR CHOUDHARY VERSUS UNION OF INDIA THROUGH ITS SECRETARY & ANR. [2015 (6) TMI 592 - SUPREME COURT], the Supreme Court has come down heavily on this type of provisions which allow the competent authorities to extend the period of suspension for indefinite periods after periodical reviews. In the said case, Ajay Kumar Choudhary, the appellant had initially been suspended by the Suspension Order dated 30.9.2011. This suspension was extended on 28.12.2011 for a further period of 180 days. Then, with effect from 26.6.2012 the suspension was extended for another period of 180 days. Thereafter, the third extension of his suspension was ordered on 21.12.2012, but for a period of 90 days. It came to be followed by the fourth suspension for yet another period of 90 days with effect from 22.3.2013. Thus, he continued to be under suspension continuously from 30.09.2011. The order of suspension dated 11.09.2014 is hereby revoked and the respondent is directed to post the petitioner in any one of the non-sensitive posts. The respondent is also directed to conclude the enquiry within a period of four months from the date of receipt of a copy of this order. The enquiry shall proceed dehors the pendency of the criminal case. Petition allowed.
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