TMI Blog2011 (8) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... ur extraordinary jurisdiction under Article 226 of the Constitution of India. Appeal dismissed. - Writ Petition No. 938 of 2011 - - - Dated:- 26-8-2011 - B.H. Marlapalle and Nishita Mhatre, JJ. Shri G.R. Sharma, Special Counsel with Ms. Purnima Avasthi i/b. Rajinder Kumar, for the Petitioner. Shri J.P. Cama with Ms. Varsha Sawant, for the Respondent. ORDER The present petition is directed against the order passed by the Central Administrative Tribunal, Bombay Branch on 8-9-2010. By this order, the Tribunal has allowed the original application filed by the respondent and concluded that the suspension order issued against the respondent was not valid beyond a period of 90 days of its issuance as the petitioners had breac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioners contended that the review of this suspension order was undertaken by the committee within a period of 90 days and, therefore the continuation of the respondent on suspension was in consonance with the Rules applicable to the respondent. 4. The Tribunal has allowed the application of the respondent as it has held that under the service Rules the review committee is required to recommend the continuation of an order of suspension within a period of 90 days from the date the suspension comes into effect. In the present case, the petitioners had not reviewed the suspension order within the stipulated period and, therefore, the continuation of the respondent on suspension was illegal and in breach of the service Rules, concluded the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a trial to a term of imprisonment extending 48 hours and is not dismissed forthwith or removed or compulsorily retired from service due to such conviction. Sub-rules (6) and (7) of Rule 10 of the unamended Rules are as under : (6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority which is competent to modify or revoke the suspension before expiry of ninety days from the date of order of suspension on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under suspension, or the amended Rule, it is obvious that a Government servant who is suspended or deemed to have been suspended may be continued on suspension provided the order is reviewed by the authority which is competent to modify or revoke the order of suspension before the expiry of 90 days from the date of the order of suspension. A review committee constituted for this purpose must recommend whether or not to extend or revoke the suspension order. Under the Rules, the extension of the suspension period cannot exceed 180 days at a time. 3. There can be no dispute that the respondent was deemed to have been placed under suspension immediately he was detained in custody by the Central Bureau of Investigation on 23-9-2004. In vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen submitted that the Tribunal has failed to consider the fact that there was an inordinate delay on the part of the respondent in preferring the Original Application. He submitted that under the provisions of the Administrative Tribunals Act, the original application has to be filed by an aggrieved Government servant within a period of 90 days which has not been done in this case. He submits that the Tribunal has not adverted to this issue at all while deciding the application although it was incumbent upon the Tribunal to do so. 6. This submission of the learned Counsel cannot be accepted since it is apparent from the record and the impugned order that the issue of limitation was not argued before the Tribunal. In fact the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X
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