Prolonged suspension without disciplinary proceedings is arbitrary when no charge-sheet is issued and the original basis cannot be changed later.

An employee cannot be kept under suspension for an inordinate period on the stated ground of contemplated disciplinary proceedings when no charge-sheet or departmental proceeding is ever initiated. The pending criminal case on the same facts did not, by itself, justify continued suspension on a different ground from the one originally relied on. Where no disciplinary proceeding had commenced for sixteen years, the suspension became unreasonable and arbitrary. The employee was entitled to resume duty, and the respondents were directed to reinstate him and address consequential salary and suspension-period matters in accordance with law.

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Issues: Whether an employee could be kept under suspension for an inordinate period on the stated ground of contemplated disciplinary proceedings when no charge-sheet or departmental proceeding was ever initiated, even though a criminal case was pending on the same facts.

Analysis: The suspension order was issued under Rule 20(1) of the IDPL Conduct, Discipline and Appeal Rules, 1978 on the basis that disciplinary proceedings were contemplated. However, no disciplinary proceeding was initiated for sixteen years. The existence of a criminal case did not by itself validate continued suspension on a ground different from the one originally invoked. The Court distinguished cases where a charge-sheet had already been issued and only the inquiry was stayed, holding that in the absence of any departmental proceeding at all, prolonged suspension without progression of the contemplated action became unreasonable and arbitrary.

Conclusion: Continued suspension was illegal and arbitrary, and the petitioner was entitled to resume duty.

Final Conclusion: The writ petition succeeded and the respondents were directed to reinstate the petitioner and deal with consequential salary and suspension-period matters in accordance with law.

Ratio Decidendi: A suspension founded on contemplated disciplinary proceedings cannot be continued for an unreasonable period where no disciplinary proceeding is initiated, and it cannot later be justified on a different ground not relied upon in the original order.

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