Early Times Report
JAMMU, Nov 6: The Central Administrative Tribunal, Jammu has directed the Secretary, School of Education Department, Jammu to conclude the inquiry of suspended lecturer within a period of two months. The Judicial Member Mr. Rajendra Dogra has directed that if the inquiry is not completed within a period of two months, the suspension shall be deemed to have been revoked.
Abhinav Sharma, Sr. Advocate who appeared for the applicant Harmohinder Singh, argued that the applicant who was suspended on 11.03.2003 is still under suspension i.e. after more than 06 months. No charge-sheet was issued and neither any inquiry was initiated against the applicant so it is bad in the eyes of law. The Court observed that the Supreme Court has in a catena of cases held that a person cannot be suspended endlessly and the department has to issue charge-sheet within a period of 90 days, in case, if they fail to do so, then they have to review the suspension order by passing a reasoned order, then it can be extended for another 90 days. After 180 days, there is no provision to keep an employee under suspension without serving him charge-sheet and inquiry reports In this case, the applicant is under suspension for more than 06 months and no charge-sheet has been given and no inquiry was conducted, which is bad in eyes of law and Court directed the respondents to conclude the inquiry within a period of 02 months from the date of the order otherwise suspension would cease to exist. |
