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TMI Blog2019 (7) TMI 1988X X X X Extracts X X X X X X X X Extracts X X X X ..... en issued till date. Investigation is still underway by the CBI - Similarly, the fact that the investigation is underway under the PMLA, could also not have been ignored by the Government. These are serious and valid considerations to justify the continued suspension of the petitioner. In STATE OF TAMIL NADU VERSUS PROMOD KUMAR AND ORS. [ 2018 (8) TMI 2120 - SUPREME COURT] , the Supreme Court, while referring to AJAY KUMAR CHOUDHARY VERSUS UNION OF INDIA THROUGH ITS SECRETARY ANR. [ 2015 (6) TMI 592 - SUPREME COURT] , wherein the Supreme Court had frowned upon the practice of protracted suspension and held that suspension must necessarily be for a short duration, eventually held that the suspension of the respondent in that case would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 4485/2018. The Tribunal has rejected the said Original Application preferred by the petitioner wherein he had assailed the continuation of his suspension. He was initially placed under suspension on 16.07.2018 on the ground that he had been detained by the CBI on 01.07.2018. His initial suspension of 90 days was extended vide order dated 28.09.2018 for a period of 180 days. The suspension of the petitioner has been further extended vide order dated 27.03.2019 for a period of 180 days. After taking into consideration the facts of the case, the Tribunal rejected the petitioner s reliance placed on the decision of the Supreme Court in Ajay Kumar Choudhary Vs. Union of India O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar Choudhary (supra), Dr. Rishi Anand (supra) and the further decision of the Supreme Court in State of Tamil Nadu Rep. by Secretary to Govt.(Home) v. Promod Kumar IPS Anr., Civil Appeal No. 8427-8428/ 2018, decided on 21.08.2018 6. Learned counsel for the respondent, who appears on advance notice has defended the continuation of the petitioner s suspension and the order of the Tribunal. He submits that the petitioner was holding a senior position as the Chief Engineer in MES, Ministry of Defence. There are serious allegations of corruption against the petitioner. The CBI has registered a case, which is presently under investigation under Section 120B IPC and under Section 7,8,10 and 12 of the Prevention of Corruption Act. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out against him under the PMLA. In all fairness, he should have disclosed all the relevant facts, since they are most material and pertinent to assess the petitioner s grievance. All that the petitioner states is that someone has played mischief and he claims that the case is false and frivolous. This ipse dixit of the petitioner cannot be accepted. His act of withholding the aforesaid material and relevant information raises an adverse inference that if the same were to be disclosed, it would go against his claim. 11. We may observe that there can be no hard and fast rule that in all cases where charge sheet is not filed within three months, of suspension, the same would mandatorily be revoked. The need for continuation of the same wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent in that case would not serve any useful purpose, on the basis of the material on record of that case. The same cannot be said in the facts of the present case considering the fact that the investigation under the Prevention of Corruption Act, and the IPC is underway by the CBI, and by the Appropriate Authority under the PMLA. 14. The petitioner is a senior, highly ranked government officer and was occupying a high position at the time of his suspension. He was in a position to influence witnesses and tamper with the evidence. He has been released on bail. Pertinently, the petitioner has also not placed before us the order passed by the Court granting him bail which may have, if produced, thrown light on the allegations against the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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