UNION OF INDIA Vs. GABDULAL MEENA

JUDGEMENT

(1.) THE petitioner have impugned the order dated 17th September, 2007 passed in OA No. 2359/2006, Sh. Gabdulal Meena Versus Union of India and Others directing the petitioner to reinstate the respondents from the original date of his suspension 27th July, 2004 and to grant him all the consequential benefits as his suspension was not reviewed within ninety days. The petitioner has challenged the order contending that the suspension order was valid for ninety days and therefore the respondent could not be reinstated and consequential benefit granted during the period the suspension of the respondent was valid. The Tribunal had held that since the petitioner was placed on suspension w. e. f. 27. 7. 2004 and the order of suspension was reviewed on 23. 12. 2004 and the decision to continue suspension was not taken within 90 days, the suspension from the 27th July, 2004 became invalid.

(2.) THE learned counsel for the petitioner relies on rule 10 (7) of CCS (CCA)Rules contemplating that an order of suspension made under sub-rule 1 or 2 of rule 10 is not valid after a period of 90 days unless it is extended after review for the further period before the expiry of 90 days but that does not invalidate the order of suspension for ninety days.

(3.) THE learned counsel for the respondent in the circumstances also admits that the suspension of the respondent was valid for ninety days from 27th July, 2004 and the suspension became invalid after ninety days as the suspension order was not reviewed within ninety days for further suspension of the respondent. This has also been not disputed by the learned counsel for the respondent after the inquiry, the punishment of dismissal from service was imposed upon the respondent and he is no more in service.