On the other hand, a perusal of the Circulars dated 12.01.2011 and 07.07.2010 shows that the same deal only with cases wherein a challan has not been filed till three years or in case, one year has passed after the filling of the challan. A perusal of both the circulars does not in any way specify that the case of a suspended employee cannot be considered before three years. There is no bar for filing the appeal prior to three years. In fact, a perusal of the above rules shows that there is no time limit provided for filing the said appeal and the same can always be filed immediately after the order of suspension is passed. Thereafter, the appeal has to be decided on merits after considering the objections and arguments raised by the suspended employee. In fact, the circulars give a right to even those cases to be reviewed after a lapse of three years, whose appeals against suspension order may have already been rejected. The committee is required to review the suspension order taking into consideration the long period of suspension having undergone by an employee with the final outcome of the F.I.R. still very far off and not anywhere being finalized in the near future. The said circulars are, in fact, complimentary to the rules and in no way to deprive the right granted to a suspended employee under the said rules to hear his appeal.
