TMI Blog2019 (3) TMI 2033X X X X Extracts X X X X X X X X Extracts X X X X ..... dents are yet to make up their mind whether or not to institute the departmental proceedings. That would be possible only when they get to know the relevant facts that led to the detention of the applicant. Initiation of the departmental proceedings in a hasty manner is certain to become futile. The proceedings in a criminal case on the other hand, would depend upon the nature of the progress of the investigation. Therefore, the application of the rule of 90 days in the instant case becomes a bit doubtful. Be that as it may, it is for the concerned department to decide whether or not to continue an employee under suspension. They have to weigh the gravity of the charges on one hand and interest and need of the department on the other. If ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pension beyond 90 days, is contrary to the OM. The applicant further contended that though he made representation on 12.10.2018 with a prayer to reinstate him in service and enhance the suspension allowance in accordance with rules, no action has been taken thereon. 3. We have heard Mr. M. K. Bhardwaj, learned counsel for applicant and Dr. CH. Shamsuddin Khan, learned counsel for respondents at length. 4. The applicant was placed under suspension on account of his detention. He has been arrested by CBI in a criminal case. Sub Rule (2) of Rule 10 of CCS (CCA) Rules reads as under:- (2) A Government servant shall be deemed to have been placed under suspension by an order of Appointing Authority- (a) with effect from the date of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a ratio in the facts of that case nor can it be treated as a clear proposition to the effect that in case charge sheet is not filed within 90 days in departmental proceedings, suspension would lapse automatically. Following same, this Tribunal in Vikash Kumar Vs. Union of India Ors ., O.A No. 3505/2018 decided on 14.12.2018, dealt with the proposition in detail. 7. Added to that, in the instant case, the suspension was warranted on account of the fact that the applicant was arrested by CBI, and not on their own accord, by the respondents. 8. The respondents are yet to make up their mind whether or not to institute the departmental proceedings. That would be possible only when they get to know the relevant facts that led to the dete ..... X X X X Extracts X X X X X X X X Extracts X X X X
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