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Judgment
PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:
This application has been preferred to seek the following relief:
“Praying for quashing/setting aside of the impugned suspension order dated 01-11- 2024 and its subsequent order dated 10-01- 2025 as they are not sustainable in the eyes of law with a further prayer to direct the respondents to reinstate the applicant to his post of Clerk Typist at the office of the Accountant General (A & E), Manipur with all the consequential benefits.”
Learned counsel for the applicant submits that applicant while working as Clerk/Typist under the Respondent department in Imphal was arrested by a combined team of Nagaland Police and Manipur Police on 15-10-2024 from his official quarter under Lamphel Police Station, Imphal West District, Manipur in connection with the criminal case being LLG/PS Case No. 006/24 U/S 21 (b) NDPS Act. He was released on bail on 15-11-2024. While he was under detention, the Senior Deputy accountant General of the office of the Principal Accountant General (A & E), Manipur issued an order whereby he was placed under suspension w.e.f the date of his detention i.e. 15-10-2024 in terms of Sub-Rule (2) of Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 until further orders.
Thereafter, a Review Committee was constituted under Sub Rule (6) of Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 and his case was examined and his suspension order was further extended for a further period of 180 (one hundred eighty) days w.e.f. 13- 01-2025 by an order of the Senior Deputy Accountant General (A & E), Manipur issued on 10-01-2025 under the terms and conditions as laid down in the aforesaid order dated 01-11-2024.
Being aggrieved by the suspension order dated 01-11-2024, he submitted a representation to the Senior Deputy Accountant General of the office of the Principal Accountant General (A & E), Manipur, Imphal wherein he requested to revoke his suspension order dated 01-10-2024 and to reinstate him in his service. However, the same has not been considered till date. Hence this O.A.
Sri B. Deb, learned counsel for the applicant submits that prolong suspension has caused the applicant great agony. He has family to feed and school going children who are facing difficulties. The impugned suspension order dated 01-11- 2024 was reviewed and the same has been extended for a further period of 180 (one hundred eighty) days w.e.f. 13-01- 2025 without any justifiable reason. Such prolong continuance of suspension is a clear case of malafide exercise of power. Even after the lapse of 6 months time after the issuance of the suspension on 01-11-2024, till date, no chargesheet has been filed by the concerned authorities against the applicant in the Court of law except the issuance of the extension of suspension order. Such action of the respondents is a clear case of arbitrary exercise of power.
He submitted representation on 13.03.2025 but the same has not been considered till date.
Per contra, Sri R. Hazarika, learned Addl. CGSC appears for the respondents and submits that upon the receipt of communication from the Superintendent of Police, Longlen, Nagaland that the applicant has been arrested on 15.10.2024 at Imphal in connection with a case being LLG/PS case No.006/24 under Section 21(b) of the NDPS Act after warrant of arrest was issued by the Hon'ble Court Longleng, as he was found to be involved in illegal transaction, the department put him under suspension automatically in exercise of power conferred under Sub-Rule (1) of Rule 10, CCS(CCA) Rules, 1965. He was suspended w.e.f. 15.10.2024 as he was detained in Police Custody for more than 48 hours vide Order dated 01.11.2024.
A Review Committee was constituted to review the suspension of the Applicant and recommended for extension of the suspension of the Applicant for another period of 180 days w.e.f. 13.01.2025 vide Order No. Estt.(A&E)/PF/ON/CT/2012-24/05 dated 10.01.2025. The Review Committee has again constituted and reviewed the suspension of the Applicant in terms of the Rule 10(6) of the CCS (CCA) Rules, 1965 and recommended for extension of another period of 180 days w.e.f. 12.07.2025.
The representation of the applicant was received on13.03.2025 but the same could not be considered for revocation of the suspension order due to serious nature of case registered against the Applicant under NDPS Act. The Learned Special Judge, Longleng has already taken cognizance of the case and trial is going on in the said Court. The Superintendent of Police, Longleng vide his Letter issued under Memo No.DEF/LLG/CB-42/2024-25/3135 dated 13.01.2025 has informed that the Police has already submitted the Charge Sheet against the Applicant before the Learned Special Judge, Longleng, Nagaland and the trial is going on before the said Court of the Learned Special Judge, Longleng. As such there is no illegality in extending the suspension period due to his involvement in a serious offence under NDPS Act.
We have heard the parties and perused the records and pleadings.
It is an admitted position that the applicant was charge sheeted in the NDPS case and he remained behind bars and was released on bail on 15.11.2024. Since he remained behind bars for one month, he was automatically put under suspension by the department as per Rules. Now, he is seeking reinstatement and approached this Court.
From perusal of Annexure R/5, it can be seen that the Superintendent of Police, Longlen Nagaland has communicated that the Police has already submitted the charge sheet against the Applicant before the Learned Special Judge, Longleng, Nagaland and the trial is going on before the said Court of the Learned Special Judge, Longleng and the case is going on. So at this stage we cannot issue order for reinstatement of a person who has been alleged to have been involved in such a heinous crime until unless it is decided by the Trial court.
Considering all the submissions made hereinabove, at this stage, we deem it fit to dispose of this O.A with a direction upon the respondents:
To review the suspension order of the applicant as per rules after every three months.
In case he is acquitted by the learned Trial Court, his case for reinstatement should be considered as per Law within a period of three months from the date of acquittal by the Trial Court.
Ordered accordingly.
The instant O.A is accordingly disposed of. Pending M.A, if any, also stands disposed of. No costs.