Continued suspension does not automatically lapse after 90 days; validity turns on periodic review, rules, and case facts.

Rule 10(1)(a) of the CCS (CCA) Rules, 1965 permits suspension where disciplinary proceedings are contemplated, and Rule 10(7) requires periodic review before a suspension is extended beyond 90 days. The analysed position, relying on Ajay Kumar Choudhary and Dr. Rishi Anand, is that no hard and fast rule makes suspension automatically lapse after 90 days merely because no charge sheet has been filed. Continued suspension depends on the governing rule, timely review, the seriousness of the allegations, and the progress of the investigation, and the challenge failed on that basis.

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Issues: Whether the applicant's suspension and its extensions beyond 90 days were illegal on the ground that no charge sheet had been filed within that period, and whether the suspension could continue pending investigation and contemplated disciplinary proceedings.

Analysis: Rule 10(1)(a) of the CCS (CCA) Rules, 1965 permits suspension where disciplinary proceedings are contemplated, and Rule 10(7) requires review before expiry of 90 days for extension of a suspension order. The order analysed the Supreme Court's observations in Ajay Kumar Choudhary and the Delhi High Court's view in Dr. Rishi Anand, and held that the statement in Ajay Kumar Choudhary could not be treated as laying down a hard and fast rule that suspension automatically lapses after 90 days if no charge sheet is filed. It further noted that the legality of continued suspension depends on the governing rule, periodic review, and the facts of the case, including the seriousness of allegations and the progress of investigation.

Conclusion: The continued suspension was not held to be unlawful merely because no charge sheet had been filed within 90 days, and the challenge to the suspension failed.

Ratio Decidendi: Under Rule 10(7) of the CCS (CCA) Rules, 1965, suspension must be periodically reviewed within 90 days, but there is no automatic lapse merely because a charge sheet has not been filed within that period; the validity of continued suspension is to be tested on the governing rule and the facts of the case.

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