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Tribunals and CommissionsDivision Bench(2018) 11 CAT CK 0125

Ram Swaroop Chandel vs Union Of India

Central Administrative Tribunal · Decided on 2 November 2018

HON’BLE JUDGES
L. Narasimha Reddy, J · Pradeep Kumar, Member (A)
RESULT
Disposed Off
CASE NUMBER
Original Application No. 4181 Of 2018

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Judgment

8 paragraphs · 380 words

L. Nararsimha Reddy, J

1.

The applicant is working as Manager (Distribution) in Delhi Milk Scheme (for short, DMS) under the Department of Animal Husbandry, Ministry of Agriculture and Farmers Welfare, Union of India.

2.

An FIR was registered against him alleging offences punishable under Section 120 B of IPC and Sections 7 & 12 of Prohibition of Corruption Act, 1988, on 27.02.2018. On his being arrested, the respondent passed an order dated 22.03.2018 to the effect that the applicant is deemed to have been suspended with effect from the date of detention, i.e., 28.02.2018. He is said to have been released on bail on 01.05.2018. The applicant made representation for revocation of suspension. However, the respondent extended the suspension, once on 26.07.2018, and thereafter on 30.08.2018. This OA is filed challenging the action of the respondents in extension of the suspension.

3.

We heard Shri A. K. Thakur and Shri Keshab kishore learned counsel for the applicant and Ms. Harvinder Oberoi, learned counsel for the respondents.

4.

It is urged on behalf of the applicant that so far no charge sheet has been filed in the criminal case, nor any charge memo was issued in the disciplinary proceedings, and still the suspension is continuing. Reliance is placed in the matter of Ajay Kumar Choudhary vs. Union of India, (2015) 7 SCC 291, wherein, the Hon'ble Supreme Court directed that in case a charge sheet is not filed, either in the criminal case or in the disciplinary proceedings, within 90 days from the date of suspension, the employer shall revoke the same.

5.

The question as to whether any charge sheet has been filed in the criminal case or in the disciplinary proceedings, needs to be verified by the respondent. In case such charge sheets have not been filed, the extension of suspension beyond 90 days would be in the teeth of the judgment of the Hon'ble Supreme Court.

6.

We, therefore, dispose of the OA directing the respondent to pass appropriate orders within four weeks from today in terms of the judgment of Hon'ble Supreme Court in Ajay Kumar Chaudhary (supra). We make it clear that in case charge sheets are not filed, the applicant shall be reinstated into service forthwith.

There shall be no order as to costs.