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2020 (9) TMI 1301 - HC - Indian LawsSuspension Order - Demand of illegal gratification to fix the change over switch - HELD THAT:- The undisputed position, in this case, is that criminal proceedings were initiated against the Respondent on the basis of the trap laid by the Vigilance and Anti-Corruption Department. Such proceedings are admittedly pending before the Chief Judicial Magistrate, Thiruvannamalai in S.C. No. 53 of 2018. Therefore, this is clearly a case wherein a charge sheet was filed and the criminal process is underway. The law relating to suspension orders and their revocation should be examined against this background. On perusal of the Full Bench judgment in S. RAVI AND ORS. VERSUS THE DISTRICT COLLECTOR AND ORS. [2015 (3) TMI 1428 - MADRAS HIGH COURT], it is clear that the Court did not direct the revocation of suspension if the suspension period exceeds a specific duration. On perusal of the judgment in Ajay Kumar Choudhary [2015 (6) TMI 592 - SUPREME COURT], it is clear that the Hon'ble Supreme Court was dealing with a case wherein the Appellant had been served with a charge sheet before the judgment was pronounced. On that basis, on the facts of that case, paragraph 22 reflects that the order of suspension was not set aside although the suspension period exceeded three months. However, while disposing of the case, the Hon'ble Supreme Court held that the suspension period should not extend beyond three months if the memorandum of charges/charge sheet is not served on the delinquent officer/employee. Upon considering the law laid down in the judgments that have been discussed herein above, it is clear that there is no absolute rule in respect of the validity of suspension orders from the perspective of duration especially when such suspension is in the context of a pending criminal proceeding. In other words, in these situations, the law on suspension as laid down in R.P. Kapur v. Union of India, [1963 (11) TMI 87 - SUPREME COURT], by a Five Judge Bench upholding suspension pending enquiry subject to payment of subsistence allowance as per service conditions and that in UNION OF INDIA & ANR. VERSUS ASHOK KUMAR AGGARWAL [2013 (11) TMI 1658 - SUPREME COURT], wherein it was held that the court does not sit in appeal and that such orders would be interfered with only if the charges are patently baseless, mala fide or vindictive would continue to hold the field. Appeal allowed in part insofar as it directs the Appellants to revoke the suspension and to post the Respondent in a non-sensitive post.
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