Sunday 10 May 2015

Supreme Court: Suspension Order should not extend beyond three months.

Supreme Court of India has direct that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served, a reasoned order must be passed for the extension of the suspension. As in this case, the Government is free to transfer the concerned person to any Department of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. This would adequately safeguard
the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. ( Ref:- AJAY KUMAR CHOUDHARY Vs. UNION OF INDIA - CIVIL APPEAL No. 1912 OF 2015 Supreme Court of India order dated 16/02/2015)

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