TaxTMI 
TaxTMI 
2019 (11) TMI 1798
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.... before the learned Single Judge, is basically founded on the ratio of the judgment in the case of Ajay Kumar Choudhary v. Union of India, through its Secretary and another, reported in (2015) 7 SCC 291, that has been quoted in extenso by the learned Single Judge to allow the writ petition of the respondent/writ petitioner, quashing the suspension order on the ground of prolonged suspension. 3. The appellant State and its authorities, in their usual lethargic mode of speed in processing disciplinary matters, particularly relating to incidents where allegations are of corruption, have filed this appeal contending that quashing of the suspension order added with reinstatement of the respondent/writ petitioner on any non-sensitive post, will ....
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.... are Apex Court decisions that have not been referred to in either the judgment of the Ajay Kumar Choudhary or Promod Kumar IPS (supra). One of such decisions that has been cited by the learned Additional Advocate General is in the case of Allahabad Bank and another v. Deepak Kumar Bhola, reported in (1997) 4 SCC 1, where a bank employee had been suspended subject to the disciplinary proceedings on the charges of alleged embezzlement. The Apex Court proceeded to observe that it would indeed be inconceivable that a bank should allow an employee to continue to remain on duty when he is facing serious charges of corruption and misappropriation of money. The Apex Court further observed that allowing such an employee to remain in the seat would ....
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....ther, reported in 2017 SCC OnLine Mad 33673 of a Division Bench, whereunder, while referring to the judgment of Ajay Kumar Choudhary (supra), it has been held in paragraphs (6) to (12) as follows: "6. With the greatest of respect to the learned Single Bench, Ajay Kumar Choudhary (supra) does not lay down any absolute proposition that a suspension order should be set aside whenever charges are not served within three months. On the other hand, the Supreme Court propounded the proposition that the principles of expedition and diligence at every stage of a criminal trial ought to be applied in case of departmental enquiries. At all stages, i.e., investigation, inquiry, appeal, revision, the burden lies on the prosecution and in this case on ....
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....ot apply as the appellant had been served with a charge sheet. The appellant had only been given the liberty to challenge his continued suspension in any manner known to law, if so advised, and it was clarified that the action of the respondents in continuing suspension would be subject to judicial review. In our view, the learned Single Bench erred in setting aside the suspension placing reliance on Ajay Kumar Choudhary (supra). 10. It is well settled that a judgment is to be understood in the context of the facts in which the judgment is rendered. Sentences in a judgment cannot be read in the same manner as a statute and in any case, words and sentences in a judgment cannot be read out of context. In Padma Sundara Rao (Dead) and others v.....
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....cross the Delhi High Court Division Bench judgment in the case of Govt. of NCT of Delhi v. Dr. Rishi Anand, wherein, paragraph 22 reads as under: "22. The decision of the Supreme Court in Ajay Kumar Choudhary (supra) itself shows that there cannot be a hard and fast rule in this regard. If that were so, the Supreme Court would have quashed the suspension of Ajay Kumar Choudhary. However, in view of the fact that the charge memo had been issued to Ajay Kumar Choudhary-though after nearly three years of his initial suspension, the Supreme Court held that the directions issued by it would not be relevant to his case." 12. The reason for us to accept the aforesaid proposition emerges from an insistence in such matters on the trustworthiness,....