Indefinite suspension pending criminal proceedings is unsustainable where reassignment to a non-sensitive post can protect employer interests.

Indefinite suspension cannot be maintained merely because a criminal case and charge-sheet are pending. The Calcutta HC applied the principle that suspension pending criminal or disciplinary proceedings must remain within reasonable limits and cannot continue as an open-ended measure, especially where no disciplinary proceeding has been initiated. It noted that the employer's interest can be protected by shifting the employee to a non-sensitive posting rather than keeping the employee out of service indefinitely. The continuation of suspension was therefore set aside, and the employee was directed to resume duties with regular salary and emoluments, subject to alternative posting by the bank.

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Issues: Whether the continuation of the petitioner's suspension indefinitely, solely on account of a pending criminal case and charge-sheet, was legally sustainable.

Analysis: The suspension had continued beyond a reasonable period though no disciplinary proceeding had been initiated, and the criminal case was still pending. The Court applied the principle that suspension pending criminal or disciplinary proceedings cannot be continued indefinitely and must be kept within reasonable limits. It noted that while the employer may protect its interests by transferring the employee away from any sensitive posting, it cannot keep the employee out of service for an open-ended period merely because a criminal accusation is pending. The Court also relied on the Supreme Court's view that suspension should not extend beyond three months unless a charge-sheet is served and a reasoned order justifies continuation.

Conclusion: The continuation of suspension was held unsustainable and was set aside. The petitioner was directed to be allowed to resume duties, with liberty to the bank to assign an alternative posting, and to receive regular salary and emoluments on resumption.

Ratio Decidendi: An employee cannot be kept under indefinite suspension merely because a criminal case is pending; continuation of suspension must be reasonable, justified by a reasoned order, and may be avoided by reassignment to a non-sensitive post.

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