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TMI Blog2019 (3) TMI 2033X X X X Extracts X X X X X X X X Extracts X X X X ..... an. ORDER (ORAL) The applicant is working as Chief Engineer in M.E.S., Ministry of Defence and was posted at Kochi. He was placed under suspension through an order dated 16.07.2018 on the ground that he has been detained by the CBI on 01.07.2018. Initially, the suspension was for a period of 90 days under sub-rule 2 of Rule 10 of CCS (CCA) Rules. Thereafter, it was extended by 180 days through a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to reinstate him in service and enhance the suspension allowance in accordance with rules, no action has been taken thereon. 3. We have heard Mr. M. K. Bhardwaj, learned counsel for applicant and Dr. CH. Shamsuddin Khan, learned counsel for respondents at length. 4. The applicant was placed under suspension on account of his detention. He has been arrested by CBI in a criminal case. Sub Rule ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttent periods of imprisonment, if any, shall be taken into account." 5. Whenever an employee is arrested and kept under detention for a period exceeding 48 hours, he shall be deemed to be under suspension. It is in the said context, that the impugned order dated 16.07.2018 is passed. Thereafter, the suspension was extended for another 180 days through order dated 28.09.2018. Rules 10 (6) empowers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 decided on 14.12.2018, dealt with the proposition in detail. 7. Added to that, in the instant case, the suspension was warranted on account of the fact that the applicant was arrested by CBI, and not on their own accord, by the respondents. 8. The respondents are yet to make up their mind whether or not to institute the departmental proceedings. That would be possible only when they get to kn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is bound to be in a different way. 10. The applicant has already submitted representation and reminders in this behalf. The respondents need to bestow their attention to the same by taking into account, the relevant facts. 11. We, therefore, dispose of the O.A declining to interfere with the orders of suspension and extension thereof. However, we direct the respondents to pass order on the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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