• Extension of lapsed or invalid suspension order

I am working for a CPSE & completed the probation period in writing. I got suspended on 08/01/16 with immediate effect on disciplinary proceedings is contemplated. 
I challenged the suspension in Court, however the Court asked to submit the chargesheet, which was submitted on a malafide cause questioning my initial appointment alleging that I did not disclose a contractual appointment of 04 months in the stipulated cut-off date for determining the compliance to minimum prescribed eligibility in the subject recruitment process. Despite this, I was an overqualified applicant with post qualification work experience of more than 12 Yrs. With a CTC of 12 lacs for the last 04 years As against the prescribed eligibility in terms of work experience of 10 yrs. & CTC of Rs. 8.00 Lacs for a period of 03 yrs. during the stipulated work experience of 10 Yrs. 
Court dismissed my petition citing that the competent authority has powers to suspend an employee. Further the chargesheet has been issued and hence the petition is being dismissed. The court order also recorded the effective date of suspension as 08.01.16 as the order stated about it's applicability from immediate effect. Court has also made reference to the appeal process as per CCS CCA RULES 1965, provided the petitioner wishes to do so. 
I have made 03 appeals in after the dismissal of my petition but no action in this ref. Has been communicated.
When I didn't receive any communication from the authorities regarding extension of my suspension till 18/04/16, I have submitted a request for revocation, since the 90 days duration has elapsed and no extension has been made. Acknowledgement pertaining to this request has duly been obtained by me from the CO.
After receipt of my request, the authorities vide their letter of the same day communicated through registered post (made by them on 19/04/16 as per the indiapost pasted receipt on envelope) that, your suspension order has been served on 13/01/16 (Although no such order has been received by me on any such date. In fact I have collected the order by myself on the date of dismissal of petition for suspension from my office and receiving is of 09/02/2017) & accordingly the same has been reviewed bh the competent authority on 12/04/16 whetein it has been decided to extend the suspension for a further period of 02 months.
Since then, I have already made several representation opposing the extension, but the same has yielded no result.
Since then the subject suspension is getting reviewed on 05th or 06th of every expiry period month and is still continuing.
In reference to departmental inquiry, the same has concluded and the inquiry officer is supposed to submit the inquiry report.
Kindly help me out whether approaching the Court again in reference to extension of Lapsed/ expired / invalid suspension order will be of any help in revoking or quashing the ongoing suspension extension orders or not?
Thanks
SWETA R.
Asked 7 years ago in Civil Law

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4 Answers

1) wait for submission of inquiry report

2) don't approach court again challenging extension of suspension order

3) if report is not submitted within period of. 2months or so then you can file petition in the court

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

The suspension will get extended automatically during the pendency of the departmental inquiry.

However if the suspension is not revoked or the departmental inquiry is getting delayed inordinately, you may after receiving no reply for the application seeking revoking the suspension and to pay you the full salary, you may approach the labor court or appropriate legal forum seeking its intervention to render you justice in this regard.

The suspension cannot continue indefinitely, it has to come to an end at one stage.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

Suspension can be extended as inquiry report has not yet been submitted

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

The delinquent employee may represent in writing to the management seeking to revoke the suspension order and to reinstate immediately owing to the inordinate delay in deciding to dispose the case which is against the natural justice.

If there is no proper response or cooperation the delinquent can approach the labor court with a industrial dispute case seeking relief and remedy to the problem.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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