Prolonged suspension cannot continue without charge-sheet or disciplinary action; alternative safeguards may be used instead.

Prolonged deemed suspension is not sustainable where neither departmental proceedings nor a criminal charge-sheet has been initiated within the permissible period. The Delhi HC applied the principle that suspension cannot continue indefinitely and noted that, if charges are not served in time, the administration should either justify extension through proper reasons or use alternative measures such as transfer or other safeguards. On the facts recorded, continued suspension was unjustified, and the Tribunal's decision quashing the suspension was upheld.

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Issues: Whether the order of deemed suspension could be sustained when no departmental proceedings had been initiated and no charge-sheet had been filed in the criminal case for a prolonged period.

Analysis: The writ petition challenged the Tribunal's order quashing the suspension of a government medical officer. The record showed that although the employee had been placed under deemed suspension after arrest, neither departmental proceedings had been commenced nor a charge-sheet filed in the criminal court. The Court applied the principle that suspension cannot be continued indefinitely and relied on the rule that, if no memorandum of charges or charge-sheet is served within the permissible period, continuation of suspension is not justified, though the administration may transfer the employee or impose other safeguards.

Conclusion: The suspension could not be continued in the absence of departmental proceedings or a criminal charge-sheet, and the Tribunal's order quashing the suspension was upheld.

Final Conclusion: The writ petition was rejected and the suspension order remained quashed.

Ratio Decidendi: Prolonged suspension is not sustainable where no charge-sheet or departmental charges are served within the permissible period, and the administration must either proceed with reasons for extension or adopt alternative measures short of continuing suspension.

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