N S KAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT impugns his continued suspension resorted to initially by an order dated 19.5.97 and continued through orders dated 23.5.2001 and 20.2.2002. He has sought quashment of these orders with further direction to the respondents to revoke suspension with accord of all consequential benefits.

(2.) Applicant was appointed as an Assistant Sales Tax Officer and promoted in 1974 as Grade-II Officer of DANICS. Applicant was further promoted as Grade-I Officer on 3.10.83 and promoted to JAG on 17.5.89. He was on deputation to MCD from Government of NCT Delhi. CBI registered a case FIR No. RC-28-A/97-DLI under Section 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act. Applicant was arrested on 26.4.97 and was under detention till 2.5.97. He was placed under suspension under Rule 10(2) of CCS (CCA) Rules, 1965 until further orders on 19.5.97. After completion of the investigation chargesheets have been but before the competent Court of law for offences under Prevention of Corruption Act as well as disproportionate assets.

(3.) BY an order dated 2.12.98 subsistence allowance of applicant was increased by 50% w.e.f. 26.9.97. BY an order dated 19.7.99 applicant's suspension was reviewed and it has been decided by the respondents to keep him under suspension till further orders. Applicant approached High Court of Delhi in CWP-2539/2000 and by an order dated 31.7.2000 liberty has been accorded to him to approach the Tribunal in accordance with law.