Topic
Suspension in Indian service law refers to the temporary removal of a government employee from duty during a disciplinary inquiry, subject to statutory rules and constitutional safeguards.
Karnataka High Court stayed the suspension of a police inspector, ruling that suspension based on unrelated suicide allegations-without prima facie evidence of bribery-is legally unsustainable. The judgment reinforces that administrative actions must align with established service law principles to avoid arbitrariness.
Calcutta High Court rules that suspended municipal employees under the WB Municipal Employees Rules, 2010, are entitled to subsistence allowance as a statutory right, regardless of the suspension's validity. The Court also invalidates disciplinary proceedings initiated by an authority lacking competence, reinforcing procedural safeguards in service law.
Punjab and Haryana High Court rules that indefinite suspension of a government employee without issuing a charge-sheet under Rule 4(5)(b) of Punjab Civil Services Rules, 1970, is arbitrary and violates principles of natural justice. The court mandates a decision on reinstatement or extension within two weeks, setting a precedent for timely disciplinary proceedings.
CAT Hyderabad holds that suspension of a government servant lapses automatically if charge sheet is not issued within 90 days, reinforcing DOPT guidelines and Ajay Kumar Choudhary precedent.
Bombay High Court grants liberty to file fresh application for revocation of suspension after criminal acquittal, emphasizing delay in disciplinary proceedings as grounds for relief.