LAWS(CA)-2014-4-32

SHRI RONJON LAHIRI Vs. UNION OF INDIA, THROUGH THE SECRETARY (TOURISM) AND THE ADDITIONAL DIRECTOR GENERAL (TOURISM) AND CHIEF VIGILANCE OFFICER (CVO)

Decided On April 16, 2014
Shri Ronjon Lahiri Appellant
V/S
Union Of India, Through The Secretary (Tourism) And The Additional Director General (Tourism) And Chief Vigilance Officer (Cvo) Respondents

JUDGEMENT

(1.) THE applicant, an Assistant Director General, Ministry of Tourism, was placed under suspension vide Order dated 21.11.2012, with immediate effect, on the ground that a disciplinary proceedings is contemplated/pending against him. The Suspension Review Committee of the respondents reviewed the suspension of the applicant on 08.02.2013 and extended the period of suspension of the applicant for a further period of three months with effect from 21.02.2013, vide Order dated 20.02.2013. Again the respondents vide Order dated 06.06.2013 extended the period of suspension of the applicant for a further period of three months w.e.f. 21.05.2013. Thereafter, the respondents extended the period of suspension of the applicant from time to time and accordingly, he is being continued under suspension as on today. The applicant filed the present OA questioning his suspension and extension of suspension orders on the ground that the same are violative of Rule 10(6) and (7) of the CCS (CCA) Rules, 1965 and for consequential benefits.

(2.) THE learned counsel for the applicant placed reliance on the Judgment of the Hon'ble Apex Court in Union of India v. Deepak Mali, : (2010) 2 SCC 222, and on other Judgments of this Tribunal.

(3.) RULE 10 (6) and (7) of the CCS (CCA) Rules, 1965 read as follows: