1000 TIT BITS ON DISCIPLINE -110
416. Clear discrimination in issue of charge sheet
The All India service Rules provides that normally a charge sheet should be given to the delinquent within 45 days from the date of suspension; whereas no such provision of time limit has been provided in the CCS (CCA) Rules 1965.
417. Prolonged suspension is illegal
Prolonged suspension without issuing charge memo, and review of subsistence allowance is contrary to Government of India directions although Rule 10 of CCS (CCA) Rules does not prescribe such limitations.
[S.A.Mendies v. Union of India and others, O.A. No. 545 of 1996; date of judgment 26.9.1996; CAT, Allahabad Bench; No.386 of Swamy's Case-Law Digest-1996/2.]
418. Continuance of suspension without issuance of charge-sheet and without valid reasons for delay in issue of charge-sheet, not sustainable.
[E.K.S. Nair v. Union of India and others, O.A. No. 752 of 1994; date of judgment 20.3.1996; CAT, Cuttack Bench; No.381 of Swamy's Case Law Digest 1996/2.]
419. Where suspension ordered and Charge-sheet issued but proceeding did not start for two years, suspension being not justified set aside.
[D.K. Puri v. Municipal Corporation of Delhi & others, 1998 (2) SLR (2) 134 (Delhi).]
420. Suspension for a prolonged period - Departmental proceedings not concluded with reasonable diligence and within a reasonable period of time - Suspension not sustainable.
[Kamal Kishore Prasad v. Union of India, 1990 (13) ATC 853 (CAT, New Delhi Bench).]
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