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Meghalaya High Court · body

2019 DIGILAW 8 (MEG)

Subhash Chandra Srivastava v. Union of India

2019-02-05

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. Vide order F.No. 17-245/Esstt-II/2006-1434 dated 08.11.2017, the respondent No. 2 (Vice Chancellor) in exercise of powers conferred by Statute 27 (1) of the NEHU Act has placed the petitioner under suspension. The said order of suspension has been ratified by the Executive Council on 28.02.2018, thereafter, the order of suspension has been reviewed in the month of July/August 2018 and extended. 2. The contention of the learned counsel for the petitioner is that in terms of Rule 10 (6) of the CCS (CCA) Rules, 1965, the suspension will not remain valid unless it is extended on review for a further period before the expiry of 90 days. According to him, the suspension case of the petitioner has been reviewed after expiry of 90 days, therefore, the suspension has lapsed. Supporting his submission has placed reliance on the judgment rendered in the case of Union of India & Ors. v. Dipak Mali: (2010) 2 SCC 222 . 3. Learned counsel for the respondents No. 2 and 3 in opposition, submits that the period of suspension will reckon against the petitioner from 28.02.2018 when the suspension order was ratified. The submission is without substance on two counts, firstly, the petitioner in effect, has been placed under suspension on 08.11.2017. Secondly, his suspension case should have been ratified and reviewed well within 90 days. The suspension order dated 08.11.2017 has been rectified by the Executive Council of the University on 28.02.2018 even if, same is taken as the date for reckoning the period of suspension still the period of 90 days would expire on 28.05.2018. Suspension has been reviewed in the month of July/August 2018 when the requirement of the Rule is that review of suspension shall be before the expiry of 90 days. In both cases, suspension of the petitioner automatically lapsed. 4. Apart from the aforesaid position, another situation is that in terms of Rule 10 (6), the period of suspension cannot be allowed to exceed 180 days at a time. Petitioner admittedly has been placed under suspension on 08.11.2017 and continues to be under suspension till date, means beyond 180 days. In both cases, Rule 10 (6) of CCS (CCA) Rules, 1965 has been violated. 5. The submission of the learned counsel for the respondents that the enquiry against the petitioner has been initiated, which has not been challenged. Petitioner admittedly has been placed under suspension on 08.11.2017 and continues to be under suspension till date, means beyond 180 days. In both cases, Rule 10 (6) of CCS (CCA) Rules, 1965 has been violated. 5. The submission of the learned counsel for the respondents that the enquiry against the petitioner has been initiated, which has not been challenged. This submission is also without substance because the officer may remain under suspension or may be reinstated will not effect the continuation of enquiry. The enquiry as commenced has to be completed, same cannot be scuttled or closed merely by revocation of suspension or reinstatement of the petitioner. For facility of reference, Rule 10 (6) is relevant to be quoted, "10 (6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date 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 hundred and eighty days at a time." 6. For the stated reasons and the rule position, petition deserves acceptance, same is allowed. The respondents are directed to consider the case of the petitioner for reinstatement in tune with the Rule position as referred to above and to pass appropriate orders regarding reinstatement, within three weeks. 7. Petition succeeds, shall stand disposed of as above.