Excelsior Correspondent
JAMMU, Oct 29: Central Administrative Tribunal (CAT) Jammu Bench has quashed an order whereby Surinder Kumar, In-charge Assistant Executive Engineer (AEE) in the Sub Transmission Division-I, Sub Division III was suspended.
Senior Counsel for the applicant Rahul Pant submitted that while the applicant was posted as In-charge Assistant Executive Engineer in the Sub Transmission Division-I, Sub Division III, complaint was registered against the applicant alleging therein that he had demanded money for clearing a payment.
On the basis of this complaint, a FIR came to be registered in Police Station, Anti-Corruption Bureau, Jammu. After the registration of the FIR, the applicant came to be arrested and finally he was released on bail by the competent court of law.
On 24.03.2022, the respondents placed the applicant under suspension in terms of Rule 31 of the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. As neither any challan/ charge sheet was presented against the applicant by the ACB nor any other action was initiated by the competent authority, he submitted a detailed representation dated 15.07.2022 seeking his reinstatement in service. However, no action was taken by the respondents.
After hearing both the sides, Rajinder Singh Dogra, Member (Judicial) of CAT Jammu Bench observed, “as per law laid down by Supreme Court currency of a suspension order should not extend beyond three months, if within this period, charge sheet is not served upon the delinquent employee and even if a charge sheet is served, a reasoned order must be passed for extension of suspension”.
“A period of more than six months from the date of issuance of suspension order i.e. 24.03.2022, had expired by that time and during this period, admittedly, the respondents had not reviewed the suspension of the applicant. Subsequently, on 17.12.2022, this Tribunal passed an interim order dated 17.12.2022 staying the suspension of the applicant”, the Member Judicial said, adding “the respondents have not implemented the interim order passed by this Tribunal”.
Accordingly, the impugned suspension order dated 24.03.2022 was quashed and set-aside and the interim order dated 17.12.2022 passed by CAT was made absolute.
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