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14. It is stated that the applicant, who is being involved in a criminal case relating to corruption being grave charge is rightly placed under suspension and his suspension has been continued rightly because the applicant would influence the witnesses where the trial is yet to be concluded.

15. It is also stated in the reply that a Review Committee was constituted of Joint Secretary (Union Territories), MHA and Secretary (Services-cum-GAD), Govt. of NCT of Delhi on 20.7.2006 and on considering the circumstances, recommendation has been made for continued suspension of the applicant for a further period of 180 days from 19.8.2006.

27. Having reproduced the instructions on suspension and also on continued suspension, now it is the turn of case laws to be referred to.

28. The Apex Court in State of Orissa through its Principal Secretary, Home Deptt. v. Bimal Kumar Mahanty, 1994(2) SLJ 72 (SC) : 1994 SCC (L&S) 875 in a Division Bench, as regards suspension pending an investigation into acts of omission and commission having corruption angle involved, held as:

13. It is thus settled law that normally when an Appointing Authority or the Disciplinary Authority seeks to suspend on employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or investigated and the nature of the evidence placed before the Appointing Authority and on application of the mind by Disciplinary Authority, Appointing Authority or Disciplinary Authority should consider the above aspects and decide whether it is expedient to keep an employee under suspension pending aforesaid action. It would not be as an administrative routine or an automatic order to suspend an employee. It should be on consideration of the gravity of the alleged misconduct or the nature of the allegations imputed to the delinquent employee. The Court or the Tribunal must consider each case on its own facts and no general law could be laid down in that behalf. Suspension is not a punishment but is only one of forbidding or disabling an employee to discharge the duties of office or post held by him. In other words it is to refrain him to avail further opportunity to perpetrate the alleged misconduct or to remove the impression among the members of service that dereliction of duty would pay fruits and the offending employee could get away even pending inquiry without any impediment or to prevent an opportunity to the delinquent officer to scuttle the inquiry or investigation or to win over the witnesses or the delinquent having had the opportunity in office to impede the progress of the investigation or inquiry etc. But as stated earlier, each case must be considered depending on the nature of the allegations, gravity of the situation and the indelible impact it creates on the service for the continuance of the delinquent employee in service pending inquiry or contemplated inquiry or investigation. It would be another thing if the action is actuated by mala fides, arbitrary or for ulterior purpose. The suspension must be a step in aid to the ultimate result of the investigation or inquiry. The authority also should keep in mind public interest of the impact of the delinquent's continuance in office while facing departmental inquiry or trial of a criminal charge.

45. The aforesaid order had culminated into an order passed on 19.1.2006, where, after this plea was reproduced in its precise form, has culminated into a vague reply by justifying non-reinstatement on account of the fact that applicant would influence the prosecution witnesses by his official position.

46. Although the aforesaid order is challenged in a separate proceeding, which is the subject matter of application, but for the sake of clarity, the aforesaid has been mentioned.

47. No doubt, as the suspension on review had outlived its effect on 18.8.2006, the impugned order extends the suspension for a further period of 180 days w.e.f. 19.8.2006. The reasoning given to justify the continued suspension is mechanical and reproduction of what has been stated in the earlier orders.

49. In the light of above, as it is established under rule and law that if the suspension is not revoked by the Review Committee, it would loose its sanctity and the person would have legal implication in his favour, in such an event, law shall take its own course.

50. Accordingly, as admitted by the respondents in their reply that the Review Committee, which has met on 20.7.2006 to extend the continued suspension of the applicant from 19.8.2006 for a further period of 180 days, consisting of Joint Secretary (Union Territories), MHA and Secretary (sic) unfortunately not a valid composition as per the guidelines issued by GI, DOPT O.M. No. 11012/4/2003-Estt. (A) dated 7.1.2004. The Review Committee as per this O.M., which is supplementing the rules without any inconsistency with it, being a subordinate legislation, holds the field and is valid in law. As per Clause 2(iii) of Order No. 29, three officers of the level of Secretary/Additional Secretary/Joint Secretary who are higher in rank than the suspended official from the same department/office are to constitute the Review Committee, which would consider amongst others in a continued suspension undue hardship, usual service rendered by the Government servant but other factors, including seriousness of a matter in which the person is involved.