Detention in custody - Released on bail - Appeal against continuance of suspension beyond one year without charges being filed in a Court of Law
Sub: Appeal for review and revocation of the order of suspension
Sir,
This is an appeal under clause (i) of Rule 23 of CCS (CCA) Rules,
1965.
(A) Facts of the case
(i) That while working as .............. (designation) in the Office
of the ........, I was detained in custody from 8 a.m. of 9.7.2022, to 5 p.m.
of 11.7.2022, and thereafter released on bail,
(ii) That, in a letter, dated 12.7.2022. I brought the above facts
to the notice of the Head of Office.
A copy of the said letter is enclosed as Annexure-1.
(iii) That in Office Order No....... dated 12.7.2022, I was placed
under deemed suspension with effect from 9.7.2022, under the provision of
sub-rule (2) of Rule 10 of CCS (CCA) Rules, for detention in custody for a
period exceeding forty-eight hours.
A copy of the above Office Order is enclosed as Annexure-2.
(iv) That the above order of deemed suspension is liable to be
revoked on the following grounds:
(B) Grounds for revocation of the order of deemed suspension
(a) For the reason that even though one year has elapsed from the
date of detention, no charge-sheet has been filed before a Court of Law.
(b) For that the reason for which I was detained in custody was not
of serious nature.
(c) For the ground that as per the instruction of Government of
India contained in O.M. No. 11012/4/2003-Estt. (A), dated 7.1.2004, of
Department of Per. & Trg., if an official has been under suspension for one
year without any charges being filed in Court of Law, he shall ordinarily be
reinstated in service without prejudice to the case against him.
(C) Relief sought
I pray that as per the above Government instruction the order of my
deemed suspension which is being continued for more than one year may kindly be
revoked by the Appellate Authority in exercise of the power vested in him under
sub-rule (1) of Rule 27 of CCS (CCA) Rules, having regard to the circumstances
of the case and the sufferings being undergone by me.
The order of revocation of suspension may kindly be made without
prejudice to the case against me.
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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