A government servant suspended after arrest in the APPSC question paper leak case sought reinstatement on the ground his suspension was not reviewed under Rule 10(7). The court held the suspension need not be interfered with, but directed completion of the departmental enquiry by a fixed deadline failing which he would be reinstated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040008432023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C)/287/2023
Gomo Sora S/o Shri Tumgo Sora, Village Taba Sora, PO/PS Aalo, District West Siang, Arunachal Pradesh Phone No. 8414803195
VERSUS
THE STATE OF AP and 2 Ors. Through the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar.
2:the Principal Secretary (Finance) Age: 0 Occupation : Govt. of Arunachal Pradesh Itanagar
3:the Director Age: 0 Occupation : Accounts and Treasuries Department Govt. of Arunachal Pradesh Itanagar
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Advocate for the Petitioner : T T Tara
Advocate for the Respondent : GA (AP)
BEFORE
HONBLE MR. JUSTICE N. UNNI KRISHNAN NAIR
JUDGMENT & ORDER (ORAL)
15.03.2024
Heard Mr. J. Jini, learned counsel for the petitioner and Mr. N. Ratan, learned Additional Advocate General assisted by Ms. R. Basar, learned Government Advocate appearing for the State.
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Departmental Proceeding Committee (DPC) against the petitioner basing on four articles of charge as levelled against him therein. The petitioner as of 06.01.2023 was under detention and this Court vide order, dated 09.03.2023, passed in Bail Application No. 29/2023 was pleased to enlarge the petitioner on default bail. The petitioner contends that after having enlarged on bail he had on 10.03.2023, informed the Chief Secretary, Government of Arunachal Pradesh, Itanagar about his such release. The petitioner, thereafter, submitted application praying for revocation of his order of suspension on the ground that the same having not been reviewed in terms of the provisions of the said Rule of 1965, the same has spent its force and he was entitled to be reinstated in his service.
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already instituted against the petitioner.
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“Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under detention and in such case the ninety days period shall be computed from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.
Provided further that in a case where no charge sheet is issued under these rules, the total period under suspension or deemed suspension, as the case may be, including any extended period in terms of sub-rule (6) shall not exceed,
(a) two hundred seventy days from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (a) of sub-rule (1); or
(b) two years from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (aa) or clause (b) of subrule (1) as the case may be; or
(c) Two years from the date the Government servant detained in custody is released or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later, in the case of deemed suspension under sub-rule (2)"
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detained in custody is released or the date on which the fact of his release from the detention is intimated to the authority, whichever is later.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether a suspension not reviewed within the mandated period under the CCA Rules has spent its force, entitling the petitioner to reinstatement.
3 provisions across 1 enactments
Gomo Sora
The State of AP
The Principal Secretary (Finance)
The Director, Accounts and Treasuries Department
N. Unni Krishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
