Principles laid down by SC (Civil Appeal No.1912 of 2015) in the case of Shri Ajay Kumar Choudhary Vs. Union of India in relation to Suspension order — Maximum time limit for suspension fixed 3 months, in case of no charge sheet served.
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Suspension time-limit: suspension cannot exceed three months absent service of chargesheet; extensions require reasoned orders. Suspension time-limit is capped at three months if no Memorandum of Charges/chargesheet is served; if a chargesheet is served, any extension of suspension must be supported by a reasoned order. The direction to hold departmental proceedings in abeyance during criminal investigation is displaced. The Government may transfer an officer to sever contacts and may prohibit the officer from contacting persons or handling records until required to prepare his defence. Authorities must communicate the principles, review pending cases, and reference the judgment in post-revocation transfer orders.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Suspension time-limit: suspension cannot exceed three months absent service of chargesheet; extensions require reasoned orders.
Suspension time-limit is capped at three months if no Memorandum of Charges/chargesheet is served; if a chargesheet is served, any extension of suspension must be supported by a reasoned order. The direction to hold departmental proceedings in abeyance during criminal investigation is displaced. The Government may transfer an officer to sever contacts and may prohibit the officer from contacting persons or handling records until required to prepare his defence. Authorities must communicate the principles, review pending cases, and reference the judgment in post-revocation transfer orders.
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