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2018 (10) TMI 2008 - HC - Indian LawsSeeking revocation of the order suspending from service - despite the lapse of six months from the date of suspension, neither has any departmental inquiry been initiated against the petitioner, nor has any charge-sheet been filed - HELD THAT:- Rule 20 of the CDA Rules postulates that placing, of an employee, under suspension, may be effected either by the "appointing authority", or any authority to which it is subordinate, or the Disciplinary Authority, or an authority empowered in that behalf by the management by general or special power. The inevitable sequitur of this factual position, read in conjunction with Rule 20(1) of the CDA Rules of the NTPC, is, therefore, that the only authority, competent to place the petitioner under suspension would be the Hon'ble President of India. In other words, the 'competent authority', for the purposes of Rule 20 of the CDA Rules of the NTPC would necessarily be the Hon'ble President of India and none other. Sub-rule (3) of Rule 20 makes this expressly clear by stating, specifically, that 'the Competent Authority would be the authority which places the employee under suspension/under deemed suspension or any other higher authority'. The suspension of the petitioner Kulamani Biswal cannot be allowed to continue any further. It is a matter of record that, till date, no charge-sheet has been filed, against the petitioner in the criminal court, and no disciplinary proceedings have been initiated, against him, either - no review of the suspension of the petitioner, has taken place, on six monthly basis, as mandated by Rule 20(3) of the CDA Rules of the NTPC. No order, communicating the decision of any such review, passed by Hon'ble President of India or by order and in the name of the Hon'ble President of India, stands communicated to the petitioner till date. The suspension of the petitioner from service, as effected by the order dated 14th December, 2017, cannot be allowed to continue any further - Petition allowed.
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