2012 (6) TMI 843 - Tri - Indian Laws

Summary

Issues Involved:
1. Compliance with Tribunal's directions.
2. Continuance or revocation of suspension.

Summary:

1. Compliance with Tribunal's Directions:
The Tribunal directed the respondents to convene a Special Review Committee (SRC) to reconsider the suspension of the applicant and pass a speaking order. The applicant contended that the orders dated 12.01.2012 and 03.02.2012 did not comply with the Tribunal's directions, citing non-application of mind, lack of independent view, and non-speaking nature of the orders. The respondents argued that the SRC and Competent Authority had considered the relevant facts and circumstances, including the CBI's views. However, the Tribunal found that the SRC and Competent Authority failed to adequately address the directions and observations of the Tribunal, leading to the quashing of the impugned orders.

2. Continuance or Revocation of Suspension:
The applicant had been under suspension for 12 years due to pending criminal cases. The Tribunal noted that the suspension is not a punishment but a preventive measure. Given the long duration of suspension, the stay of criminal proceedings by the Supreme Court, and the completion of investigations, the Tribunal found no justification for the continued suspension. The Tribunal emphasized the undue hardship caused by prolonged suspension and the financial burden on the public exchequer. Consequently, the Tribunal ordered the revocation of the applicant's suspension and directed his reinstatement in a non-sensitive post, with liberty for the respondents to reconsider suspension if the criminal trial proceedings commence.