2019 (3) TMI 2033

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....e Respondent : Dr. CH. Shamsuddin Khan. ORDER (ORAL) The applicant is working as Chief Engineer in M.E.S., Ministry of Defence and was posted at Kochi. He was placed under suspension through an order dated 16.07.2018 on the ground that he has been detained by the CBI on 01.07.2018. Initially, the suspension was for a period of 90 days under sub-rule 2 of Rule 10 of CCS (CCA) Rules. Thereafte....

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.... representation on 12.10.2018 with a prayer to reinstate him in service and enhance the suspension allowance in accordance with rules, no action has been taken thereon. 3. We have heard Mr. M. K. Bhardwaj, learned counsel for applicant and Dr. CH. Shamsuddin Khan, learned counsel for respondents at length. 4. The applicant was placed under suspension on account of his detention. He has been ....

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....ent of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account." 5. Whenever an employee is arrested and kept under detention for a period exceeding 48 hours, he shall be deemed to be under suspension. It is in the said context, that the impugned order dated 16.07.2018 is passed. Thereafter, the suspension was extende....

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....same, this Tribunal in Vikash Kumar Vs. Union of India & Ors., O.A No. 3505/2018 decided on 14.12.2018, dealt with the proposition in detail. 7. Added to that, in the instant case, the suspension was warranted on account of the fact that the applicant was arrested by CBI, and not on their own accord, by the respondents. 8. The respondents are yet to make up their mind whether or not to insti....