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Judgment
ORAL ORDER
In the instant OA, the applicant seeks the following relief:
"to set aside the extension Order dated 25.02.2026 Order No. 2971/PW/BRN/Estt./C1/2025-26 passed by the 2nd respondent, and to direct the 2nd respondent to issue revocation order to the applicant forthwith. As the Respondent has no locus standi to extend the suspension period beyond 180 days and violation of the Government of India O.M dated 02.01.2014, 23.08.2016 and Hon’ble Apex Court and Hon’ble High Court of Delhi. The Respondent has adopted straight Jocket method and pass extension of suspension order without any authorized power. Therefore, the extension order dated 25.02.2026 passed by the respondent is liable to be set aside.”
Brief facts of the case as submitted by the applicant are as follows: The applicant submits false FIR was registered against the applicant and he was arrested on 23.10.2024 by the Reddiyarpalayam Police Station. An order was issued on 05.11.2024 by stating therein that the applicant was arrested on 23.10.2024 and remanded into Judicial Custody before the Judicial Magistrate-III, Puducherry, where as the Hon’ble Judicial Magistrate-III, Puducherry has remanded him into judicial custody up to 04.11.2024 and for a period exceeding forty eight hours in respect of the case Cr. No. 217/2024 dated 23.10.2024 of Judicial Magistrate-Ill, Court, Puducherry. He submits that the applicant is deemed to have been suspended with effect from the date of remand i.e. the 23 October 2024 in terms of sub-rules (2) of Rule 10 of the Central Civil Service (Classification, control and Appeal) Rules, 1965 (for short C.C.S. C.C.A) Rules and shall remain under suspension until further orders. The applicant after being released on bail dated 21.11.2024 and filed the representation dated 03.01.2025 before the 2nd respondent. The 2nd respondent vide Office Memorandum dated 22.01.2025 informed that the Applicant request for re-joining the duty could not be considered. Further, the 2nd respondent has issued an order dated 05.11.2024, 25.02.2025, 30.06.2025, 27.11.2025, and 25.02.2026 by extending of deemed suspension in respect of the applicant. The suspension beyond 90 days as it was not extended after review for a further period of 90 days is absolutely illegal, unconstitutional and perverse. Hence the present OA is filed seeking the aforesaid relief.
Heard the learned counsel for the applicant and Mr. R. Syed Mustafa, learned counsel for the respondents.
When the matter is taken up for hearing, it is noticed that the enquiry proceedings initiated against the applicant is still pending before the authorities. Hence, we deem it appropriate to direct the competent authority among the respondents to conclude the enquiry proceedings within a stipulated time frame.
In view of the same, the competent authority among the respondents is directed to complete the enquiry proceedings pending against the applicant within a period of four months from the date of receipt of copy of this order. It is made clear that this Tribunal is not entering into the merits of the case at this stage.
With the above direction the OA is disposed of, at the admission stage.