TOMBI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner in this writ application challenges continuance of order of suspension which had been passed on 06.01.2009 in Annexure A/2.

(2.) Facts and circumstances giving rise to this case are that the petitioner was initially appointed as a Warder on 03.03.1978 and was promoted to the post of Lance Naik Warder. Subsequently, he was again promoted to the post of Head Warder and was posted in Manipur Central Jail and got attached to Central Jail, Sajiwa. While serving as Head Warder, he was placed under suspension by an order dated 06.01.2009 in Annexure A/2 on allegation that he committed rape on the minor daughter of one Shri Dan Bahadur Thappa. It appears that the said Dhan Bahadur Thappa lodged a written report addressed to Officer-in-Charge of Heingang Police Station, Imphal East District, Manipur on 23.12.2008 at 8.25 p.m. alleging therein that the petitioner while working as Head Warder on attachment to Central Jail, Sajiwa raped his minor daughter namely Km. Santa Thappa at his residence taking advantage of the fact that he was giving tuition to the said minor girl. On the basis of the said report, a criminal case was registered against the petitioner for offence under section 376 of Indian Penal Code and he was also placed under suspension by the impugned order dated 6.01.2009. A departmental proceeding was initiated against the petitioner on the same charges. Present status of the departmental proceeding is that, enquiry has been completed and report has been submitted to the disciplinary authority. So far as the criminal case is concerned as reported by the learned G.A. appearing for the state respondents, trial is going on and case has now been fixed for examination of defence witnesses.

(3.) Mr. Tarunkumar, learned counsel appearing for the petitioner challenges the continuance of the order of suspension on the ground that order of suspension has been continued from 06.01.2009 till today in contravention of sub Rule (6) and (7) of the Rule 10 of CCS(CCA) Rules, 1965. With reference to the above provisions, it was contended by the Mr. Tarunkumar, learned counsel for the petitioner that an order of suspension has to be reviewed by the authority competent to modify and revoke the same before expiry of 90 days from the effective date of suspension and only on the recommendation of the Review Committee constituted for the purpose, order of suspension can be extended upto 180 days at a time. It was further contended that an order of suspension made under Sub Rule (1) & (2) of the Rule 10 of CCS(CCA) Rule, 1965 shall not remain valid after a period of 90 days unless it is extended after review for a further period of terms of the Sub Rule (6) of the Rule 10 of the CCS(CCA) Rules, 1965. Mr. Tarunkumar, learned counsel for the petitioner also submitted that admittedly before expiry of 90 days from the effective date of suspension, no review has been done and in the absence of any recommendation of the Review Committee, period of suspension could not be extended beyond 90 days. Reliance was placed by the learned counsel on a decision of the Apex Court in the case of Union of India Vs. Dipak Mali, 2010 2 SCC 222.