ABANINDRA MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein being aggrieved by and dissatisfied with the continuance of the order of suspension filed an application before the learned Central Administrative Tribunal, Calcutta Bench which was finally dismissed on merits by the judgment and order dated 30th October, 2009.

(2.) The petitioner was initially appointed as Additional Divisional Engineer, Telecom in the year 1984 and thereafter, promoted to the post of Senior Administrative Grade and posted as General Manager with effect from 16th December, 2002. The said petitioner while working as General Manager, Kharagpur Telecom District was placed under deemed suspension by the order dated 29th December, 2008 under Rule 10(2) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (hereinafter referred to as "CCS(CCA) Rules, 1965") with effect from 19th November, 2008.

(3.) The said suspension order was thereafter, reviewed and extended for a further period of 180 days which was mentioned in the order dated 26th March, 2009 issued by the Under Secretary to the Government of India, Department of Telecommunications. It has been urged on behalf of the petitioner that the suspension order initially issued to the said petitioner was not extended after review within a period of 90 days from the effective date of suspension and, therefore, the subsequent extension of the suspension order by the concerned authority cannot be sustained in the eye of law in view of violation of the specific provision of Rule 10(7) of the CCS(CCA) Rules, 1965. For the purpose of effectively deciding the issues raised in this appeal, the provisions of Rule 10(2), (5), (6) and (7) of Central Civil Services (Classification, Control & Appeal) Rules, 1965 are set out hereunder: