Case Note & Summary
The petitioner, Dr. Narender Omprakash Bansal, a Professor of Cardiology and Head of Department at Grant Medical College and Sir J.J. Group of Hospital, filed a writ petition challenging his suspension order dated 29th May 2015 and the judgment of the Maharashtra Administrative Tribunal dated 16th October 2015 in Original Application No.444 of 2015. The Tribunal had partly allowed the application but did not quash the suspension. The petitioner sought quashing of both the suspension and the Tribunal's order. The High Court noted that although the suspension was not proved to be mala fide, the State's conduct was not diligent as no chargesheet was served even after four months of suspension. The court held that suspension cannot be continued indefinitely without serving a chargesheet and directed the respondents to revoke the suspension order within two weeks. The petition was allowed in terms of the prayer for quashing the suspension order.
Headnote
A) Service Law - Suspension - Inordinate Delay - Maharashtra Civil Services (Discipline and Appeal) Rules - Suspension order challenged on ground of non-service of chargesheet for four months - Court held that suspension without chargesheet for such period is not sustainable and directed revocation - Held that power to suspend exists but must be exercised diligently (Paras 3-5).
Issue of Consideration
Whether the suspension of a government employee can be continued without serving a chargesheet for an extended period
Final Decision
The petition is allowed. The impugned order of suspension dated 29th May 2015 is quashed and set aside. The respondents are directed to revoke the suspension order within two weeks from today.
Law Points
- Suspension cannot be indefinite
- chargesheet must be served within reasonable time
- review of suspension must be periodic
