Facts
The applicant, a Postal Assistant under suspension, challenged the non-regularization of his initial suspension period
Source reference: p. 1-2He was suspended in connection with a transaction involving the opening of irregular pass-books, a matter involving another employee, Sri Sheo Balak Pandit
Source reference: para. 6The applicant claimed parity with Sri Pandit, whose suspension extension was declared invalid by the Tribunal in OA No. 303/2014—a decision later affirmed by the Patna High Court in CWJC No. 11518/2016
Source reference: para. 2-4Although the applicant’s suspension was eventually revoked on August 3, 2018, the respondents had not yet regularized the service period following the first 90 days of his initial suspension
Source reference: para. 5Issues
Whether the extension of the applicant's suspension was invalid due to the violation of prescribed procedural rules
Source reference: para. 3, 8Whether the applicant is entitled to the regularization of his service and the same relief granted to a similarly situated employee in OA No. 303/2014
Source reference: para. 5, 7Law Applied
The Tribunal primarily applied Rules 10(6) and 10(7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, which mandate specific procedures and timelines for the review and extension of suspension
Source reference: para. 3, 8judicial precedent established in Sheo Balak Pandit v. Union of India (OA No. 303/2014) and affirmed by the Patna High Court in CWJC No. 11518/2016, which established that failure to follow these statutory procedures renders the continuation of suspension invalid after the initial 90-day period
Source reference: para. 4, 8Reasoning
The Tribunal noted that the applicant’s case was "exactly identical" to that of Sri Sheo Balak Pandit, as both were implicated in the same transaction
Source reference: para. 7Applying the reasoning from OA No. 303/2014, the Tribunal found that the respondents' extension of suspension failed the test of scrutiny under Rules 10(6) and 10(7) of the CCS (CCA) Rules
Source reference: para. 8Since the respondents could not produce any evidence or superior court orders to distinguish the present case or contradict the High Court’s affirmation of the previous precedent, the Tribunal held that the procedural lapse in extending the suspension necessitated its revocation by operation of law after the first 90 days
Source reference: para. 7-8Holding
The Tribunal disposed of the OA in favor of the applicant, holding that the suspension stood revoked with effect from 90 days after its issuance
The respondents were directed to comply with the order and take consequential action for the regularization of the applicant's service within three months
Source reference: para. 9the respondents are not restrained from continuing with the disciplinary action initiated against the applicant for the alleged irregularities
Source reference: para. 8Original Court PDF
DHARMENDRA KUMARvsPostal
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