GOVT. OF NCT OF DELHI Vs. RISHI ANAND

JUDGEMENT

(1.) Cav. No. 815 of 2017 Since the caveator has put in appearance, the caveat stands discharged.

(2.) The petitioner has preferred the present petition to assail the order dated 29.05.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT/ Tribunal) in O.A. No. 1785/2017. The respondent/applicant had preferred the said O.A. to assail his continuing suspension which had exceeded 90 days. The tribunal has allowed the O.A. on the very first day of hearing by placing reliance on the decision of the Supreme Court in Ajay Kumar Choudhary v. Union of India and Anr., (2015) 7 SCC 291 . Consequently, the continued suspension of the respondent beyond the initial period of 90 days, vide orders dated 27.09.2016 and 07.04.2017 was quashed. The respondent was directed to be reinstated within one week. The Tribunal also directed that the respondent shall be entitled to full salary for the period w.e.f. 10.10.2016. With regard to the earlier period, the determination of the manner of treatment of the suspension period of 90 days was left to be undertaken under FR 54B.

(3.) The facts, in brief, are that the respondent while working as a Specialist ENT and Medical Officer-in-charge of Satyawadi Raja Harish Chander Hospital, GNCTD was placed under suspension vide order dated 12.07.2016 in contemplation of disciplinary proceedings under Rule 10(1) of the CCS (CCA) Rules, 1965. His suspension was extended by 180 days vide order dated 27.09.2016 with effect from 10.10.2016 to 07.04.2017 pursuant to the recommendations of the review committee. The charge sheet was issued to the respondent on 01.03.2017. Vide yet another order dated 07.04.2017, the suspension was further extended on the recommendation of the review committee for a period of 180 days with effect from 08.04.2017.