S. K SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers:

(2.) The only submission made by the learned counsel for the petitioner is that suspension of the petitioner vide office order dated April 05, 2019 is illegal as the same has not been reviewed by the respondent in accordance with Rule 10 (6) of the CCS (CCA) Rules and as such Rule 10 (7) of the CCS (CCA) Rules shall have the effect.

(3.) In support of his submission, learned counsel for the petitioner has stated that the suspension order though passed on April 05, 2019, the same was required to be reviewed before the expiry of 90 days by the competent authority. In the case in hand, the review, as per the counter-affidavit filed by the respondent, was done on July 15, 2019 whereas 90 days period had expired on July 03, 2019 and it was only on July 29, 2019, the order of extending the suspension was issued and in view of the Judgment of the Supreme Court in the case of Union of India v. Deepak Mali , 2010 2 SCC 222, the suspension is bad. He also states, initial review of the suspension being not in accordance with Rule 10 (6), Rule 10 (7) will come into effect and even the subsequent orders of extending the suspension are also bad.