2024 (8) TMI 1623

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....resentations to the competent authority on 29.09.2022 and 16.11.2022 praying for revocation of the suspension order. Thereafter he was communicated a memo dated 14.11.2022 whereby the suspension was directed to be continued in terms of the recommendation of a Review Committee dated 02.11.2022. By an application under the Right to Information Act, 2005, the petitioner sought for the minutes of the Review Committee but in vain and again by a memo dated 26.05.2023 the suspension was directed to be continued in terms of the recommendation of a Review Committee dated 25.04.2023. Aggrieved thereby, the petitioner preferred OA 558 of 2023 and during pendency of the same the petitioner was communicated a memo dated 17.10.2023 intimating that the Re....

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....nical and routine manner the Review Committee had directed continuance of the order of suspension in contemplation of a disciplinary proceeding. Such renewal is not even based on sound reasoning contemporaneously available on the record. He submits that the minutes of the Review Committee, as sought for, had also not been furnished to the petitioner and he had been compelled to suffer a protracted period of suspension. The charge sheet had ultimately been issued about two years after issuance of the order of suspension on 03.08.2022 without any explanation as regards the delay inordinate delay. Mr. Basu submits that suspension is essentially transitory or temporary in nature and must perforce be of short duration. If such order of sus....

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....7.2022. He argues that there is no material on record to suggest that the order of suspension suffers from any procedural impropriety and as such question of interference with the same at this juncture does not arise moreso when a formal chargesheet has already been issued. Furthermore, the learned Tribunal is still in seisin of the matter. The arguments, as advanced today before this Court, can well be urged before the learned Tribunal when the matter is next fixed for hearing on 12.08.2024. Any interference at this stage would tantamount to prejudging an issue which is pending consideration before the learned Tribunal. In support of the arguments reliance has been place upon the judgment delivered in the case of Union of India and Anot....