9911796707
TMI Blog2023 (7) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. 2518/2022, whereby the Tribunal has dismissed the same on merits. 2. The challenge in the O.A. was to an order dated August 18, 2022 whereby the competent authority/respondents have extended the suspension of the petitioner beyond the initial period of 90 days. 3. The admitted facts are that the petitioner is a Direct Recruit Officer of Indian Custom and Central Excise Services and was posted as Deputy Commissioner in the Office of Central Goods and Services Tax, Gurgaon. 4. He was placed under suspension vide order dated May 22, 2022 in contemplation of disciplinary proceedings under Rule 10(i)(a) of the Central Civil Services (Classification Control ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal while rejecting the O.A. has considered the above submissions of the petitioner and has in paragraphs 16 and 17, stated as under:- "16. I have gone through the records of the case thoroughly and heard the arguments carefully. I am of the considered view that the judgment in the Apex court in Ajay Kumar Choudhary (supra) case has not laid absolute law regarding continuance and discontinuance of the powers of extending suspension by the competent authority under Rules 10 of CCS (CCA) Rules 1965. I agree with the contention of the counsel for the respondents that the law, pronounced in Ajay Kumar Choudhary's (supra) case is not part of the ratio decidendi rather they are obiter dictum and are not authoritative. The analysis of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been decided by Division Bench of the Tribunal and not by a Single Bench. According to him, despite this objection being taken, the single member of the Tribunal instead of placing the matter before a Division Bench has decided the matter by himself, which is an infirmity, which goes to the root of the legality of the impugned order. 9. It is his submission that the Tribunal has erred in overlooking the judgment of the Supreme Court in Ajay Kumar Choudhary (supra) wherein, the Supreme Court clearly held that the suspension of a Government Servant cannot be extended beyond the period of three months. That apart, he submits that, though the subject matter of allegations pertains to the period when the petitioner was posted at Gurugram has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cannot be a hard and fast rule in this regard. If that were so, the Supreme Court would have quashed the suspension of Ajay Kumar Choudhary. However, in view of the fact that the charge memo had been issued to Ajay Kumar Choudhary - though after nearly three years of his initial suspension, the Supreme Court held that the directions issued by it would not be relevant to his case. 12. It follows, the reliance placed on Ajay Kumar Chaudhary (supra) is misplaced and shall not be come to the rescue of the petitioner. 13. Insofar as the plea of Mr. Mohanty that the petitioner having been transferred to Cochin, Thiruvananthapuram Zone, there is no need for the respondents to continue the suspension of the petitioner is concerned, though the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
