SUPREME COURT OF INDIA ON SUSPENSION
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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