GARDANIBAGH, DISTT.-PATNA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Union of India.

(2.) Petitioner at the relevant time served as Commandant 62 Battalion, Central Reserve Police Force, is aggrieved by the order dated 27th November, 2009, Annexure-6, whereunder he has been placed under suspension has challenged his continued suspension by filing the present writ case on the ground that after expiry of the period of 90 days his suspension having not been reviewed and extended is violative of sub-rules (6) and (7) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the "Rules") which inter alia provides that the order of suspension made under sub-rule (1) or (2) of the Rules shall not be valid beyond 90 days unless it is reviewed and extended by the competent authority on the recommendation of the Review Committee for a further period of 90 days before expiry of ninety days from the effective date of suspension.

(3.) Aforesaid submission is being refuted by the counsel for the Union of India with reference to the submissions made in the counter affidavit and the order dated 23rd March, 2010, whereunder the suspension of the petitioner was reviewed with direction to continue the suspension for a further period of 180 days with effect from 25.2.2010. Close perusal of the order dated 23rd March, 2010 indicates that petitioner was suspended with effect from 27.11.2009 and the Review Committee considered his case on 24.2.2010 in terms of the guidelines contained in Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), memorandum dated 7.1.2004 read with the provisions contained in sub-rules (6) and (7) of Rule 10 of the Rules and decided to extend the suspension of the petitioner for a further period of 180 days with effect from 25.2.2010.