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Supreme Court fixes 90-day limit for suspension of govt employees


Sajib Nandi

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Sajib Nandi

Reported by Timesofindia.indiatimes.com on Feb 17, 2015

Supreme Court fixes 90-day limit for suspension of govt employees - The Times of India

 

Protracted period of suspension of delinquent government employee has become a norm and such practice must be curbed, the Supreme Court on Monday said while fixing a period of ninety 90 days for authorities to complete proceedings against such an employee.

 

The court said that an employee suffered ignominy and scorn of society due to prolonged period of suspension. "We, therefore, direct that the currency of a suspension order should not extend beyond three months ... if within this period the memorandum of charges/chargesheet is not served on the delinquent officeremployee," a bench headed by Justice Vikaramajit Sen said. It said suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must be of short duration.

 

"If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature," the bench said.

 

"Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his department, has to endure this excruciation even before he is formally charged with some misdemeanour or offence," the bench said The court passed the order on a petition filed by defence estate officer Ajay Kumar Choudhary who was kept suspended for a long time.

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koteswararaonerella

This is a good judgement as earlier they used to SUSPEND pending contemplation of disciplinary case and after 90 days they are REVIWING(Only on paper) and again extending 6 ,months and these unforunate people are suffering mentally and finacially and also a STGMA and I am also fighiting these cases across the country very recently dealt TWO cases in PORT BLAIR Andamans and got them REINSTATED

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