2016 (7) TMI 1683

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....ondent herein stands allowed and the order of suspension from the date of his arrest i.e. 20th September, 2013 has been quashed. The Tribunal has also directed that the applicant/respondent herein shall be posted to a place where he cannot influence or tamper with the evidence against him in the criminal case. The Tribunal has also directed that in the event, a charge sheet is filed against the applicant/respondent herein, during this period a reasoned order must be passed if the suspension is to be further extended. 2. Some necessary facts, which are required to be noticed are that the respondent herein is a Medical Officer belonging to Delhi Health Services Cadre and was posted at Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, Delh....

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....suspension needs to be continued and merely because it is for a long period, that would not invalidate the suspension. Counsel further submits that the respondent herein was involved in offence of corruption punishable under Sections 8, 12 &13 of the Prevention of Corruption Act read with Sections 417 & 418 read with Section 120-B of IPC, on the basis of which, an FIR was registered against him and the matter is still under investigation and it is for this reason, he was not allowed to resume his duties. 4. Learned counsel for the petitioner also relied upon a decision rendered by the Supreme Court in Allahabad Bank and another v. Deepak Kumar Bhola reported in (1997) 4 SCC 1, wherein, the order of the Allahabad High Court quashing the o....

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....uthorise detention of an accused person beyond period of 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, and beyond a period of 60 days where the investigation relates to any other offence. Drawing support from the observations contained of the Division Bench in Raghubir Singh vs. State of Bihar, 1986 (4) SCC 481, and more so of the Constitution Bench in Antulay, we are spurred to extrapolate the quintessence of the proviso of Section 167(2) of the Cr.P.C. 1973 to moderate Suspension Orders in cases of departmental/disciplinary inquiries also. It seems to us that if Parliament considered it necessary that a person be released from incarc....