Sub:Appeal against continuance of suspension beyond 90 days without Review by the Review Committee.
Sir,
This is an appeal under the provision of clause (i) of Rule 23 of
CCS (CCA) Rules, 1965.
(A) Facts of the case
(i) That while working as Treasurer in the office of the ..... I was
placed under suspension under Clause (a) of sub-rule (1) of Rule 10 of CCS
(CCA) Rules, on …….. on the ground that a disciplinary proceeding against me
was contemplated.
A copy of the above order of suspension is submitted herewith for
the kind perusal of the Appellate Authority.
(ii) That till the date of expiry of the period of 90 days or
suspension, I did not receive any order extending the period of suspension.
(iii) That, therefore, I went to the Office on …….., with a joining
report. But, my joining report was refused to be accepted on the ground that
the order placing me under suspension had not been revoked.
(iv) That the above decision disallowing me to join duties is
appealed against on the following grounds:
(B) Grounds for appeal
(a). Sub-rule (7) of Rule 10 of CCS (CCA) Rules lays down as
follows:
"(7) Notwithstanding anything contained in sub-rule 5 (a), an
order of suspension made or deemed to have been made under sub rules (1) or (2)
of this rule shall not be valid after a period of 90 days unless it is extended
after review, for a further period before the expiry of 90 days"
(b) I was placed under suspension on …….., and the period of 90 days
of suspension expired on ………..
(C) No order was received by me extending, after review, the period
of suspension beyond ninety days.
(d) Consequently, therefore, the order of suspension, dated ……..,
became invalid from …….., in terms of sub-rule (7) of 10 of CCS (CCA) Rules,
cited above.
(C) Relief sought
Most humbly I pray that suitable order may kindly be issued
directing the suspending authority to accept my joining report, dated …….,
deeming that the order of suspension stood revoked from ………. (A.N.).
An early order is solicited.
Yours faithfully,
Copy (in duplicate) to the.............(Suspending Authority) for information with the request to forward the appeal of the undersigned to the Appellate Authority with comments and relevant records in terms of sub-rule (3) of Rule 26 of CCS (CCA) Rules.
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