SURESH KUMAR VERMA Vs. GOVT. OF NCT OF DELHI & ORS. THROUGH THE CHIEF SECRETARY AND THE DG (PRISONS) PRISONS HQRS. LAJWANTI GARDEN CHOWK, JANAKPURI

JUDGEMENT

(1.) THE applicant, an UDC and working in Tihar Jail, was placed under deemed suspension w.e.f. 10.01.2009, vide Order dated 21.01.2009, as he was detained in custody on 10.01.2009 at 6 P.M. and released on bail on 15.01.2009 at 7.00 PM i.e., for a period of exceeding 48 hours, in connection with FIR No. 486/2007 dated 13.09.2007 registered under sections 420/467/468/471/120 -B/204 IPC with P.S., Kashmiri Gate, Delhi. His suspension was reviewed on 02.04.2009 and extended for a further period of 90 days w.e.f. 02.04.2009, vide Order dated 09.04.2009. Again the suspension of the applicant was reviewed on 24.06.2009 and extended for another period of 90 days w.e.f. 24.06.2009, vide order dated 30.06.2009. Further, the suspension of the applicant was once again reviewed on 11.09.2009 and was extended for a further period of 90 days w.e.f. 21.09.2009. The respondents after the Suspension Review Committee reviewed the suspension of the applicant, extended the suspension of the applicant from time to time and finally by Annexure R -16, dated 21.05.2013 extended the suspension of the applicant for a period of 180 days, w.e.f. 30.04.2013. In view of his suspension, the respondents have not released any of the retirement benefits of the applicant.

(2.) THE applicant filed the present OA questioning his suspension and its extension orders on the ground that his suspension was not extended within the expiry of the prescribed period under Rule 10(6) and (7) of the CCS (CCA) Rules, 1965 and accordingly, he is entitled to be treated as reinstated w.e.f. 01.07.2009, with all consequential benefits.

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