VINAY KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question arises for determination in this writ petition which pertains to the date when an order of suspension becomes effective. The said issue is in the context of the requirement to make periodic review which is mandatory.

(2.) Before going to the issue to be determined, the basic facts of the case in hand may be narrated as follows.

(3.) The petitioner is posted with the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) on deputation. Pursuant to certain allegations in the discharge of his duties, an order dtd. 1/11/2022 has been passed by placing the petitioner under suspension. It is not in dispute that the aforesaid order of suspension was received by the petitioner on 7/11/2022. The requirement of law to conduct a review within 90 days of the order of suspension was done on 3/2/2023. It is the contention of the petitioner that such review being done beyond the prescribed period of 90 days, the same shall not save the authorities from their responsibility which is mandatory in nature and therefore, the impugned order of suspension is required to be set aside. The contention of the respondents, on the other hand, is that though the date of the order of suspension was 1/11/2022, it was communicated only on 7/11/2022. It is accordingly submitted by the respondents that if the aforesaid date is reckoned, the review done on 3/2/2023 would be within time and therefore, there would be no violation of the law laid down.