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, challenged 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 revoke the suspension. The petitioner had been suspended for four months without a chargesheet being served and without any review of the suspension. The High Court noted that the Tribunal had recorded that the suspension was causing hardship and that the State's conduct was not diligent. The court held that the power to suspend exists but must be exercised diligently, and that the suspension could not continue without a chargesheet or review. The court quashed the suspension order and directed the respondents to allow the petitioner to resume duties forthwith, while leaving it open to the respondents to proceed with disciplinary action in accordance with law.
Headnote
A) Service Law - Suspension - Inordinate Delay in Serving Chargesheet - The suspension of a government servant cannot be continued indefinitely without serving a chargesheet or reviewing the need for continuation - The court held that the conduct of the State was not diligent and the suspension was causing hardship - The impugned order of the Tribunal was modified to direct revocation of suspension (Paras 3-5).
Issue of Consideration
Whether the suspension of the petitioner without serving chargesheet for four months and without review is sustainable in law
Final Decision
The petition is allowed. The impugned order of the Tribunal is modified. The order of suspension dated 29th May 2015 is quashed and set aside. The respondents are directed to allow the petitioner to resume duties forthwith. It is left open to the respondents to proceed with disciplinary action in accordance with law.
Law Points
- Suspension order cannot be continued indefinitely without serving chargesheet
- Suspension must be reviewed periodically
- Power to suspend must be exercised diligently
