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| CAT quashes suspension of Junior Engineer | | |
Early Times Report
Jammu, Dec 5: Central Administrative Tribunal Srinagar Bench quashed the suspension of a Junior Engineer Munshi Masood.
While allowing the petition, CAT held that the applicant will be entitled to all the consequential dues as per rules. However, the respondents are at liberty to issue a charge sheet and take further disciplinary action as they deem fit.
The operative portion of the aforesaid judgment is as follows : We, therefore, direct that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Charge sheet is not served on the delinquent officer/employee; if the Memorandum of Charges/ Charge sheet is served a reasoned order must be passed for the extension of the suspension. As in the case in hand, the Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognize that previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set time limits to their duration. However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us.”
The CAT observed that since no charge sheet has been served upon the applicant nor the suspension has been reviewed, the impugned order of suspension dated 15.4.2022 is liable to be quashed. Keeping in view the facts of the case and judgment of Apex Court, the suspension order No. CE/D/KPDC/04 of 2022 dated 15.4.2022 by which the applicant was placed under suspension, is quashed. The applicant will be entitled to all the consequential dues as per rules. However, the respondents are at liberty to issue a charge sheet and take further disciplinary action as they deem fit,” the CAT ordered. (JNF) |
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