UTTAM DAS BAISHNAB Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Uttam Das Baishnab
STATE OF TRIPURA
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Akil Kureshi,J. -
(1.) The petitioner has challenged an order dated 14.05.2020 by which he was placed under suspension and a further order dated 20th August, 2020 by which the order of suspension was extended for a period of 180 days.
(2.) Brief facts are as under :
The petitioner is a member of Tripura Civil Service, Grade- II. In the year 2020, he was posted as Deputy Collector and Magistrate, Subroom when the Government of Tripura passed the order of suspension dated 14th May, 2020 in exercise of powers under sub-rule (1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on the ground that disciplinary proceeding against him was contemplated. As per the rules his order of suspension required review within 90 days. Since after expiry of 90 days on 11th August, 2020 there was no communication to the petitioner by the department of review and extension of the suspension order, the petitioner wrote to the Under Secretary, Government of Tripura on 21.08.2020 pointing out that upon completion of the period of 90 days from the initial order of suspension, in terms of sub-rules (6) and (7) of Rule 10 of CCS(CCA) Rules his suspension would be rendered invalid. He therefore requested that the suspension may be formally revoked. It appears that in the meantime the department had initiated the steps for consideration of the question of extending the petitioner's suspension which culminated into passing of the order dated 20th August, 2020 by which, the suspension of the petitioner was extended by a further period of 180 days with effect from 12th August, 2020.
(3.) This petition is based on simple facts namely that since the department did not extend the suspension of the petitioner within 90 days of the order, in view of sub-rules (6) and (7) of CCS(CCA) Rules such suspension would become invalid and any subsequent extension of the suspension would not validate such order.;
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