Executive not vested with unfettered power to place official under indefinite suspension: CAT

Srinagar, Nov 11: The Central Administrative Tribunal (CAT) has held that prolonged suspension being stigmatic could be termed as “punishment” even as it said that the executive could not be vested with unfettered power to place an official under suspension for indefinite duration.

“Suspension is not a punishment. It is only a step in aid to the culmination of an enquiry or investigation. However, prolonged suspension, being stigmatic, can be termed as punishment,” a bench of M S Latif Member (J) said, while disposing of a petition by a government employee against his suspension at pre admission stage.
In his plea, the official had assailed the order whereby he was deemed to have been placed under suspension from August 4, 2023, the date he was arrested in a case (FIR No 15/2023) registered under sections 7 and 12 of the Prevention of Corruption Act in Police Station, Anti Corruption Bureau, Srinagar.

The tribunal observed that courts have a limited power to interfere in the matters of suspension unless the order of suspension is the outcome of any malice or same is passed by an incompetent authority
“However at the same time, the executive cannot be vested with a total, arbitrary and unfettered power to place its officials under distress and disability for an indefinite duration of time by placing him/her under suspension,” it said, while relying on the Supreme court judgment ‘State of Orissa versus Bimal Kumar Mohantay’, reported in the AIR 1994 SC 2296 as also law laid down in AIR 1971 Madras 165.

Contention of counsel representing the petitioner was that the competent authority had invoked rule 31sub rule 2 of the J&K Civil Service (Classification Control and Appeal) Rules, 1956.

He argued that the authorities were under legal obligation to adhere to the relevant rule and the instructions issued by the Government from time to time while dealing with such matters of suspension.

After hearing the parties at length, the tribunal disposed of the petition, saying the “respondents (authorities) shall review the order of suspension of the applicant as per Government Instruction No 2 appended to rule 31 sub rule 2 of J&K Civil Service (Classification Control and Appeal) Rules, 1956.”