Court rules suspension extensions must comply with review protocols under CCS (CCA) Rules, 1965.
In a significant ruling, the Delhi High Court has upheld the decision of the Central Administrative Tribunal (CAT) which set aside the suspension of a government servant, Gali Sreedhar, due to procedural lapses in extending the suspension period without necessary review. The case, Union of India v. Gali Sreedhar, highlighted critical compliance issues with the Central Civil Services (Classification, Control and Appeal) Rules, 1965, specifically under Rule 10(7).
The petitioner, Union of India, challenged the CAT's order dated August 5, 2025, which had quashed the suspension and subsequent extension orders of Gali Sreedhar, who was arrested by the CBI for allegedly accepting a bribe. The primary contention was the failure to conduct a timely review within the stipulated 90-day period after Sreedhar's release from judicial custody on June 6, 2019.
The Division Bench comprising Mr. Navin Chawla and Ms. Madhu Jain, JJ., examined the application of Rule 10(7), which mandates a review of suspension if the government servant is released from detention before the expiry of the initial 90 days. The Court emphasized that the proviso to Rule 10(7) only applies if the individual remains in detention beyond the 90 days. In Sreedhar's case, his release and subsequent intimation were communicated before the 90-day window closed, necessitating a review, which the authorities failed to conduct.
The High Court referenced its earlier judgment in Union of India & Ors. v. Akil Ahmad, reinforcing the requirement for compliance with Rule 10(7) and confirming that suspension orders lapse if not extended post-review within the mandated timeframe. The Court also cited the Supreme Court's decision in Union of India & Ors. v. Dipak Mali, which underscores the invalidity of suspension beyond 90 days without proper extension procedures.
The ruling underscores the importance of adhering to statutory provisions governing disciplinary actions and suspensions within civil services. It serves as a reminder of the procedural rigour required in administrative processes, ensuring checks and balances are maintained within governmental disciplinary frameworks.
The petition by the Union of India was dismissed, marking a reaffirmation of the Tribunal's decision and reinforcing the procedural mandates for suspension reviews under the CCS (CCA) Rules, 1965.
Bottom Line:
Suspension of government servant under CCS (CCA) Rules, 1965 - Review of suspension must be conducted within 90 days of deemed suspension - Extension beyond 90 days without review is not valid.
Statutory provision(s): Central Civil Services (Classification, Control and Appeal) Rules, 1965 Rule 10(2), Rule 10(7).
Union of India v. Gali Sreedhar, (Delhi)(DB) : Law Finder Doc Id # 2827236
