Case No. : WP(C)/1074/2023
Case Title: Sri Vinay Kumar Singh v. The Union of India & 5 Ors.
Introduction
The High Court in command a short time ago laid aside the suspension of an engineer posted with the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL). Accordingly, the flow of the said suspension order was not enclosed by the period of 90 days, as needed under the law.
The single judge bench of Justice Sanjay Kumar Medhi observed that there is no dispute that no disciplinary proceeding was initiated by the issuance of any show cause notice before the expiry of the period of 90 days from the date of the suspension order.
Facts of the Case
the petitioner has submitted that there is no manner of doubt that the order of suspension is dated. Though the same was received by the petitioner. the date for the mandatory review within 90 days has to be reckoned.
It is submitted that the suspension takes effect from the date of the order itself and not from the date of receipt of such order. The review was done beyond the period of 90 days. It is submitted that the period of 90 days has expired before which date, no exercise of review was conducted.
petitioner places reliance on the following case laws:
State of Punjab Vs. Khemi Ram, (1969) 3 SCC 28;
Ajay Kumar Choudhary Vs. Union of India, (2015) 7 SCC 291;
Union of India and Other Vs. Dipak Mali, (2010) 2 SCC 222;
The respondents contended that though the date of the order of suspension was November 01, 2022, it was communicated only on November 07, 2022. It was submitted by the respondents that if the aforesaid date is reckoned, the review done on February 03, 2023, would be within time and therefore, there would be no violation of the law laid down.
Finding of the Court
The court has pointed out that the court has no other alternative but to hold that the impugned order of review is unsustainable in law and therefore, would not have the effect of continuation of the suspension order Consequently, the suspension order dated 01.11.2022 stands set aside and quashed.
Considering the submission of the respondents that the allegations against the petitioner are serious while setting aside the order of suspension, it is provided that the respondents would be at liberty to post the petitioner in any non-sensitive post.
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Written by
Kaulav Roy Chowdhury
