Suspension of a Group B Employee by an Incompetent Authority Is Ab Initio Void and Non-Curable.

The respondent, a Nursing Officer at Dr. Baba Saheb Ambedkar Hospital, was placed under suspension on 26 September 2023 by the hospital's Medical Director under Rule 10(1) of the CCS (CCA) Rules, 1965

This suspension was subsequently extended periodically by a Review Committee

The respondent challenged these orders before the Central Administrative Tribunal (CAT), arguing that since his post was "Group B," the Medical Director lacked the authority to suspend him; only the Chief Secretary (the designated Disciplinary Authority for Group B) was competent

no charge-sheet had been issued within 270 days, violating the 2022 amendment to Rule 10(7) of the CCS (CCA) Rules

The CAT ruled in favor of the respondent, prompting the GNCTD to file the present writ petition

1. Whether the Medical Director was the competent authority to issue the suspension order for the post of Nursing Officer

2. Whether the continued suspension was sustainable under the second proviso to Rule 10(7) of the CCS (CCA) Rules in the absence of a charge-sheet within 270 days

Office Memorandum (OM) dated 09.04.2009 issued by the Department of Personnel and Training (DoPT) under the authority of the President of India (proviso to Article 309), which classifies all civil posts with a Grade Pay of ₹4600-₹5400 as Group B

2010 amendment to Schedule II of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as interpreted in GNCTD v. Udal Singh, establishing the Chief Secretary as the competent Disciplinary Authority for Group B officers in Delhi

second proviso to Rule 10(7) of the CCS (CCA) Rules (as amended in 2022), which mandates that suspension cannot exceed 270 days if no charge-sheet is issued

The Court determined that the classification of the respondent's post was central to the question of competence. It observed that the DoPT OM dated 09.04.2009, having constitutional force under Article 309, categorically classified posts with a Grade Pay of ₹4600 (such as the respondent's) as Group B

This classification superseded conflicting internal circulars cited by the petitioners

The Court noted that the petitioners themselves had issued a corrigendum in 2013 acknowledging the post as Group B

Since the Chief Secretary is the only authorized official to suspend Group B personnel, the Medical Director’s order was ab initio void

The Court rejected the argument that subsequent extensions by the Chief Secretary validated the action, concluding that "flogging a dead horse cannot bring it to life" regarding an initially incompetent order

The High Court upheld the Tribunal's decision, dismissed the writ petition, and affirmed the direction to reinstate the respondent in service