LAWS(DLH)-2023-9-55

VIKASH KUMAR Vs. UNION OF INDIA

Decided On September 01, 2023
VIKASH KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The challenge in this petition is to an order dated May 20, 2022 passed by the Central Administrative Tribunal (hereinafter, referred to as the Tribunal') in O.A. No. 1543/2021, whereby the O.A. preferred by the petitioner was dismissed.

(2.) In brief, as per the case noticed in the impugned order, petitioner joined the Indian Revenue Service as Assistant Commissioner in 2011 and was promoted as Deputy Commissioner in 2014. During the course of his posting as Deputy Commissioner in 2017, he was placed under suspension vide order dated November 10, 2017 which has been continued from time to time, since major penalty proceedings were contemplated.

(3.) In the first round of litigation, the continued suspension orders were challenged by the petitioner by preferring O.A. No. 3505/2018, which was dismissed by the Tribunal vide order dated December 14, 2018 in following terms: "27. We, therefore, dismiss the O.A. However, we direct that the respondents shall make endeavor to file the charge memo within a period of three months from the date of receipt of copy of this order and when the Suspension Review Committee meets next, it shall specifically address the question as to whether it is desirable at all to continue the suspension, and whether the interests of the State and of the applicant would be served in case he is transferred to any other place by reinstating him. There shall be no order as to costs."