1013/2012 JUDGMENT
settled legal position, the suspension as well
as continuation of suspension would not be
permissible.
3.2 Per contra, learned Senior Counsel ... present appeals :
(i) Power of suspension.
(ii) Procedure adopted while passing the
order of suspension.
(iii) Continuation of suspension.
(iv) Subsistence allowance and the
entitlement
suspension to the berets minimum. The order of suspension for an indefinite period without any review is against F.R. 53, and the continued suspension ... service, for the reasons stated in the aforesaid order, the continued suspension of the petitioner for an indefinite period, is violative of Article
deemed suspension and accordingly, if no review of
the suspension had been made within 90 (ninety) days, such deemed suspension
and its continuation will ... ninety) days but
after 145 (one hundred forty five) days, the continued suspension of the writ
petitioner/respondent herein cannot be sustained as held
continues until it is revoked in accordance with law and that it
cannot be held invalid on the ground that the order continuing
suspension ... order of suspension.
12. In
the case of V. Sivaraman (supra), the Apex Court has
categorically held that the order of suspension continues until
such suspension order was any more warranted or not. Such a practice of passing the suspension orders and allowing the suspension orders to continue indefinitely ... whole idea is that the suspension orders have to be passed and the suspension has to be continued after due and active application of mind
continuing the suspension, if continued suspension is felt
essential. If the authority which initiated action in the first
instance is the Head of the Department ... progress and the
reported stage of progress and permit the continued suspension
beyond three months/ six months. Where the Government itself,
have ordered suspension
such review of suspension shall be necessary in the case of
deemed suspension under sub-rule (2), if the Government servant continues
to be under ... provision for deemed suspension and a
provision for periodic extension of suspension. The respondent is
expected to give reasons for continuation of such suspension
contemplated disciplinary
proceedings", he was placed under suspension and said
suspension continues till date. Till today, no charge sheet has
been framed against ... considering
the gravity of the offence/misconduct had reviewed and
recommended continued suspension of the applicant.
3. In addition to the above, the respondents have
Singh vehemently submitted that the action of the respondents in continuing suspension of the applicant is not only illegal and arbitrary but is in violation ... scenario, the only issue to be addressed is whether the applicant continued suspension after 30.09.2006 without any review being done and no order of extension
Singh vehemently submitted that the action of the respondents in continuing suspension of the applicant is not only illegal and arbitrary but is in violation ... scenario, the only issue to be addressed is whether the applicant continued suspension after 30.09.2006 without any review being done and no order of extension
