Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1709 - JAMMU AND KASHMIR HIGH COURTIllegal suspension - seeking reinstatement after the expiry of three months - whether in a case where order of suspension is not followed by the service of memorandum of charges/charge-sheet on the delinquent officer within three months, as has been held in Ajay Kumar Choudhary’s case [2015 (6) TMI 592 - SUPREME COURT], could the respondents still continue the appellant under suspension only because the relevant regulations permitted suspension for a period of six months or even thereafter - HELD THAT:- In Ajay Kumar Choudhary’s case, it is found that the directions were clear and unambiguous and those were that the suspension order would not extend beyond three months if within that period the memorandum of charges/chargesheet was not served upon the delinquent officer/employee and if the charge-sheet was served, a reasoned order would have to be passed for extension of the suspension - these directions were not made subservient to the rules and regulations as applicable to delinquent officers and employees in individual cases. Admittedly, in the present case, the charges were served upon the petitioner on 18.01.2017, that was beyond the period of three months as envisaged in the judgment and failure to serve the charges within this period would indeed entitle the appellant to reinstatement. The respondents, therefore, by placing reliance upon the PSB Vigilance Manual could not have extended the period of suspension thereafter or invoke its power to review the same for purposes of extending the same. Respondents are directed to reinstate the appellant forthwith. It would however be free to transfer the appellant to any other office within or outside the State, so as to prevent any interference in the enquiry being conducted against him - appeal allowed.
|