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TMI Blog2023 (7) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of power for extending suspension by the competent authority under Rule 10 CCS(CCA) Rules, 1965. Transfer of petitioner to Cochin, Thiruvananthapuram Zone - HELD THAT:- There is no need for the respondents to continue the suspension of the petitioner is concerned, though the submission looks appealing on a first blush but while suspending the petitioner, the competent authority decided to fix the headquarter of petitioner at Cochin, Thiruvananthapuram Zone, may be for the reasons, it thought appropriate. So in that sense, it is not a case of transfer - the Tribunal is justified in upholding the continuance of the suspension of the petitioner for a further period of 180 days by dismissing the OA. This Court is of the view that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Central Civil Services (Classification Control and Appeal) Rules 1965. The petitioner was suspended based on a report by the Chief Commissioner, CGST vide its letter dated May 21, 2022 wherein, it was alleged that the petitioner has committed irregularities while processing the refunds of nearly Rs. 30 crore. 5. The initial period of suspension of 90 days expired on August 19, 2022. The Suspension Review Committee after considering the case of suspension of the petitioner on August 18, 2022 and in view of the gravity and magnitude of the case and allegations of irregularities, recommended that the petitioner shall continue under suspension for a further period of 180 days. The Disciplinary Authority accepted the recommendation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey are obiter dictum and are not authoritative. The analysis of the Madras High Court in P.Kannan vs. Commissioner of Municipal Corporation in WP (C )No. 2165/2015 is that the Apex Court in Ajay Kumar Choudhary s case has not laid down absolute proposition of law on suspension. The Suspension Review Committee has recorded the reasons for extending the suspension period beyond 90 days. The gravity of the disciplinary case and magnitude of the irregularities involved weigh heavily against the applicant. It was necessary to continue his suspension to demonstrate the policy of the government to deal with strictly with the officers involved in public scandals, particularly in corruption. The continuation of the suspension is also necessary t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations pertains to the period when the petitioner was posted at Gurugram has been transferred to Cochin, Thiruvananthapuram Zone on suspension, which is arbitrary and without application of mind. In other words, it is his submission that the suspension is primarily to obviate any attempt on the part of the Government Servants to tamper with the documents and / or influence the witnesses which may be produced / depose during departmental enquiry, and since he has been posted in Cochin, Thiruvananthapuram Zone, there is no basis to say that the petitioner will tamper with the documents or influence the witnesses. Hence, even on this ground the suspension needs to be revoked. 10. We are not impressed by the submissions made by Mr. Mohanty. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the respondents to continue the suspension of the petitioner is concerned, though the submission looks appealing on a first blush but while suspending the petitioner, the competent authority decided to fix the headquarter of petitioner at Cochin, Thiruvananthapuram Zone, may be for the reasons, it thought appropriate. So in that sense, it is not a case of transfer. We find that the Tribunal is justified in upholding the continuance of the suspension of the petitioner for a further period of 180 days by dismissing the OA. 14. The charges being serious, this Court is of the view that the impugned order should not be interfered with, more so in exercise of power under Article 226 of the Constitution of India. 15. The writ petition a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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