- (1.) Petitioners have sought quashing of the order dated December 14, 2004 (Annexure P3) whereby the Central Administrative Tribunal (referred to as "the Tribunal"), partly allowed the Original Application of Amresh Jain, IRS (respondent No. 1), after declaring the orders dated May 12, 2004 and June 30, 2004, annexed as Annexure R2 and R3 thereto, as illegal and inoperative. The Tribunal held that the order of suspension "passed prior to Annexure R-2, had expired under the law on completion of 90 days from the date of passing of order passed in December, 2003".
(2.) As Amresh Jain was detained in custody in a criminal case on February 23, 2002 and remained so, for more than 48 hours, he was considered under deemed suspension, as per rule 10 (2) of the Central Civil Services (Classification, Control and Appeals) Rules, 1965 (for short "the Rules). On March 15, 2002, the competent authority passed order, Annexure A1, also, stating that he was deemed to have been suspended with effect from the date of detention i.e. February 23, 2002, in terms of sub-rule (2) of rule 10 of the Central Civil Services (Classification, Control and Appeals) Rules, 1965 and he would remain under suspension until further orders. This order of suspension was reviewed, from time to time viz. on September 13, 2002, in April 2003, and December 2003, and the period of suspension was extended. However, on January 3, 2004, a notification dated December 23, 2003 (Annexure A10 in OA) regarding amendment in the rules was published in the official gazette by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, and by virtue of this amendment, the following two sub-rules were added, after sub-rule (5) of rule 10 of the Rules:- "(6) An order of suspension made, or deemed to have been made, under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the date of order of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews made shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time. (7) Notwithstanding anything contained in sub-rule 5 (a), an order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days."
(3.) After the said amendment in the rules, the order of suspension of respondent No. 1 was reviewed by the competent authority vide order dated May 12, 2004, and June 30, 2004, annexed as Annexures R2 and R3 with the OA, relevant parts whereof are being extracted hereunder :- Extract from Annexure R2. "AND WHEREAS a Review Committee has been set up in the light of amendment of Rule 10 of the CCS (CCA) Rules, 1965 to review the cases of suspension as and when due and to make recommendations regarding continuation or otherwise of the suspension of the officers. The review committee has considered the case of Sh.Amresh Jain and made their recommendations in this case on 1-4-2004. The investigations against him is not yet complete. AND WHEREAS the President being the competent authority has considered the recommendation of the Review Committee carefully and has decided to extend the suspension period of Sh.Amresh Jain, DC. NOW, THEREFORE, the suspension of Sh. Amresh Jain, DC is hereby extended for a further period of three months." Extract from Annexure R3. "AND WHEREAS a Review Committee has been set up in the light of amendment of Rule 10 of the CCS (CCA) Rules, 1965 to review the cases of suspension as and when due and to make recommendations regarding continuation or otherwise of the suspension of the officers. The review committee has considered the case of Sh.Amresh Jain and made their recommendations in this case on 1-4-2004. As the investigation against him was not yet complete, Sh.Jain after acceptance of the recommendation of the review committee by the competent authority, order dated 12-5-2004 was issued for continuation of suspension for a further period of three months. AND WHEREAS the review committee has again met on 23-6-2004 and recommended for continuation of the suspension of Sh.Jain as the investigation is still pending in his case. AND WHEREAS President being the competent authority has considered the recommendation of the Review Committee carefully and has decided to extend the suspension period of Sh.Amresh Jain, DC for 180 days. NOW, THEREFORE, the suspension of Sh.Amresh Jain, DC is hereby extended for a further period of 180 days.";