No review of suspension (on account of criminal charge) of A.I.S. officers permissible

Every A.I.S.Officer must read the judgement in this case.

A member belonging to All India Services can be suspended by the appropriate Government, in the circumstances mentioned in Rule 3 of The All India Services (Discipline and Appeals) Rules 1968.

Rule 3(3) of the said Rules provides that,  a  member of the Service in respect of, or against, whom an investigation, inquiry or trial relating to a criminal charge is pending may, at the discretion of the Government can be placed under suspension until the termination of all proceedings relating to that charge, if the charge is connected with his position as a [member of the Service] or is likely to embarrass him in the discharge of his duties or involves moral turpitude.

Rule 3(8) of the said Rules also provide for Review of order of Suspension within prescribed time period and extend it further if necessary.

In this case, the officer was suspended on account of two criminal charges. The suspension orders were reviewed by the Government from time to time but not within the prescribed time limit. The officer had approached the Central Administrative Tribunal challenging the suspension on the ground that the review of his suspension was not done within the time limit prescribed and prayed for his reinstatement. The Tribunal accepted the contention and ordered the reinstatement of the applicant with retrospective effect. The State Government filed the writ petition no. 7071 of 2010 challenged the order of the tribunal on the ground that the suspension of the applicant was under Rule 3(3) of the Rules and the suspension is to be continued till termination of the criminal proceedings and no review of suspension is warranted by Rules. The high court accepted the contention of the state Government and set aside the order of the tribunal but restored the original application to the file of the Tribunal for the limited purpose of considering the question regarding the efficacy of the amended Rule #, which has come into force with effect from 30th September 2009 and its application to  the factual situation of the present case. 

 The  Bombay High Court judgement  in this case viz. State of Maharashtra v/s  A.K.Jain (writ petition no. 7071of 2010) is available on this blog under the  category Of ” Important judgements”. Those interested can get it downloaded for their use.