Case Note & Summary
The dispute arose from the suspension of the petitioner, an employee of the Government of Goa, which was initiated on 17 January 2025 due to alleged misconduct. The suspension order did not specify a duration, but according to Rule 10(6) of the CCS (CCA) Rules, it was required to be reviewed within 90 days, which would have ended on 17 April 2025. The Director of Panchayats failed to conduct a review within this period, and instead issued review orders on 29 July 2025 and 25 February 2026, which were beyond the stipulated time frame. The petitioner submitted a representation on 9 July 2026 regarding the illegality of his continued suspension, which was rejected on 24 July 2026. The State opposed the petition, arguing that subsequent review orders justified the suspension. The court analyzed Rule 10(6) and referenced the Supreme Court case of Union of India v. Dipak Mali, concluding that the suspension order lapsed after 90 days without a valid review. The court quashed the impugned memorandum and the subsequent suspension orders, reinstating the petitioner as being on duty from 18 April 2025 and ordering the State to pay all dues within eight weeks. The court clarified that its decision would not affect any ongoing disciplinary proceedings.
Headnote
A) Administrative Law - Suspension of Employee - Legality of Suspension Beyond 90 Days - CCS (CCA) Rules, 1965, Rule 10(6) - The court held that the suspension order became invalid after 90 days due to lack of review, and subsequent orders of suspension were contrary to the rules. The petitioner was entitled to be treated as on duty from the end of the 90-day period, with all dues payable from that date (Paras 8-9).
Issue of Consideration
Whether the suspension of the petitioner beyond 90 days without review was legal under the CCS (CCA) Rules.
Final Decision
The court quashed the memorandum dated 24 July 2026 and the suspension orders dated 29 July 2025 and 25 February 2026, holding them contrary to Rule 10(6) of the CCS (CCA) Rules. The petitioner was to be treated as on duty from 18 April 2025, with all dues payable within eight weeks.
Law Points
- Suspension
- Review Committee
- CCS (CCA) Rules
- Quashing of Orders
- Reinstatement
