Suspension by the University
I am working as a professor of Central Govt funded Deemed University with more than 30 years’ service. I have been suspended with alleged charge of creating a WhatsApp Group with office logo for helping alumni with career guidance, for my personal gain. Enquiry is not being held as per laid down CCA Rules 1965.Only one enquiry sitting took place 3 months back. Suspension has not been reviewed within 90 days as per CCA Rules. I am governed by CCS (CCA) Rules 1965 and Institute Rules. Institute is not under CAT/MAT. What legal recourse do I have to get reinstated? Can the chargesheet/enquiry be quashed? What sections/Acts can give me relief? Pl guide.
It is clearly mentioned under section 8 (7) of CCS Rules, 1965- “An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days:
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 suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count 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.”
So if your suspension has not been extended you rightfully need to be reinstated in your position.
The undersigned is directed to say that Rule 10 (Suspension) of the CCS (CCA) Rules, 1965 is being amended to provide that an order of suspension made or deemed to have been made under this Rule shall be reviewed by the competent authority on recommendation of the Review Committee constituted for the purpose. It is also being provided in the Rules that an order of suspension made or deemed to have been under sub-Rules (1) or (2) of rule 10 shall not be valid after 90 days unless it is extended after review for a further period before the expiry of 90 days. It is further being provided that extension of suspension shall not be for a period exceeding 180 days at a time. (copy of the Notification is enclosed).
If the Review Committee body isn’t working according to the Rules of 1965, you have recourse of filing a writ of Mandamus under Article 226 of Indian Constitution, in High Court. A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
Also if there is a appellant board is made, then you need to put up the case before te board, if not then you need to take the recourse of Article 226.
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