Ajay Kumar Choudhary vs Union Of India Thr Its Secretary & Anr on 16 February, 2015
8. The primordial contention of the Petitioner, as canvassed by learned
counsel, is that in view of the judgment of the Supreme Court in Ajay
Kumar Choudhary (supra), if the charge sheet is not issued within a period
of 90 days from the date of suspension, the suspension would automatically
lapse. There is no quarrel with the proposition that even though suspension
is not a specified penalty but it does affect an employee and prolonged and
indefinite suspension causes injury and prejudice and therefore, Courts have
repeatedly asserted that disciplinary proceedings, if initiated, must be
concluded within a reasonable time and an employee should not be
indefinitely suspended. Prolonged suspension does become punitive in
nature, more so when it is for an unjustified reason. However, it cannot be
overlooked that the employer has a right to suspend an employee to refrain
him from perpetuating the alleged misconduct and/or destroying the
evidence. Each case, therefore, turns on its own facts and circumstances and
no hard and fast rule can be laid down that only because chargesheet has not
been issued within 90 days of initial suspension period or even during
extended suspension period for a justified reason, the suspension period
would automatically lapse.