9911796707
TMI Blog2017 (8) TMI 1709X X X X Extracts X X X X X X X X Extracts X X X X ..... Ajay Kumar Choudhary s case, it is found that the directions were clear and unambiguous and those were that the suspension order would not extend beyond three months if within that period the memorandum of charges/chargesheet was not served upon the delinquent officer/employee and if the charge-sheet was served, a reasoned order would have to be passed for extension of the suspension - these directions were not made subservient to the rules and regulations as applicable to delinquent officers and employees in individual cases. Admittedly, in the present case, the charges were served upon the petitioner on 18.01.2017, that was beyond the period of three months as envisaged in the judgment and failure to serve the charges within this peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India anr. (2015)7 SCC 291 , the petitioner claimed reinstatement after the expiry of three months and hence the petition. 4. The plea of the petitioner was resisted by the respondents in their objections, wherein it was stated that the allegations against the petitioner were serious in character, inasmuch as, during his tenure as probationary officer at the Branch Office at Srinagar, he had operated inoperative account of one Gandamal Bhanwarshar Lal, who had since died, transferred the amount in his personal account and subsequently withdrew the same through an ATM. It was stated that when the matter was brought to the notice of the authorities by the legal heirs of the deceased account holder, he was placed under suspension. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of the PSB Vigilance Manual. It would be appropriate to reproduce the same to understand its true nature and purport, which reads as under:- REVIEW OF SUSPENSION In respect of cases other than those pending in the courts, the total period of suspension should not ordinarily six months, except in exceptional cases where it is not possible to adhere to this time limit then the Competent Authority should make a report to the next higher authority explaining the reasons for delay. In cases where an official is deemed to have been placed under suspension due to his detention in police custody, as soon as the official is released from the police custody without any prosecution having been launched, the compet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment (supra) and failure to serve the charges within this period would indeed entitle the appellant to reinstatement. The respondents, therefore, by placing reliance upon the PSB Vigilance Manual could not have extended the period of suspension thereafter or invoke its power to review the same for purposes of extending the same. 14. Having considered the entire issue, we feel that the judgment and order impugned dated 17.03.2017 to the extent it gave a liberty to the respondents to review the suspension of the petitioner runs contrary to the Apex Court judgment in Ajay Kumar Choudhary s case and accordingly is set aside. Appeal is allowed. 15. Respondents are directed to reinstate the appellant forthwith. It would however be fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
