Jharkhand High Court: Government Employee’s Suspension Cannot Continue Beyond 3 Months Without Charge-Sheet

The Jharkhand High Court has reiterated that the suspension of a government employee should not ordinarily continue beyond three months if no charge-sheet has been issued. The court observed that prolonged suspension without initiating disciplinary proceedings cannot be allowed to become a form of punishment. It also clarified that the continuation of suspension must be reviewed in accordance with the applicable legal principles.

A Division Bench comprising Justice Sujit Narayan Prasad and Justice Sanjay Prasad passed the order while hearing a writ petition filed by the Union of India challenging a decision of the Central Administrative Tribunal (CAT). The tribunal had earlier quashed the prolonged suspension of a postal department employee and directed the authorities to consider his entitlement to salary after the first three months, subject to adjustment of the subsistence allowance already paid.

The employee was working as a Treasurer at the Giridih Head Post Office in Jharkhand. He was placed under suspension on September 27, 2019, in connection with an alleged financial fraud involving more than ₹26 crore in the Jharkhand Postal Circle. Although the suspension order was periodically reviewed, the departmental charge-sheet was served on him only on March 7, 2022, nearly two-and-a-half years after his suspension.

The authorities justified the delay by stating that the Central Bureau of Investigation (CBI) was investigating the alleged financial irregularities. However, the employee challenged the prolonged suspension before the Central Administrative Tribunal, which ruled in his favour. The Union of India subsequently approached the Jharkhand High Court, arguing that the seriousness of the allegations and the pending investigation justified keeping the employee under suspension.

While examining the matter, the High Court relied on the Supreme Court’s judgment in Ajay Kumar Choudhary v. Union of India. The Supreme Court had clarified that suspension is a preventive measure intended to ensure that an employee does not interfere with an investigation or disciplinary proceedings. It should not be continued indefinitely without the timely issuance of a charge-sheet and a proper review of the suspension.

The Division Bench reiterated that a suspension order should not ordinarily remain in force beyond three months if the employee has not been served with a charge-sheet. If a charge-sheet is issued, the suspension may be extended, but the authorities must review the order before the expiry of the initial three-month period. The suspension cannot continue beyond that period without a valid review extending it.

Applying these principles to the case, the High Court noted that the employee had been suspended on September 27, 2019, but the departmental charge-sheet was issued only on March 7, 2022. The court found that the pendency of the CBI investigation, by itself, could not justify such a prolonged suspension.

The Bench observed that the authorities could have initiated departmental proceedings at an earlier stage. If necessary, they could also have considered revoking the suspension and allowing the employee to resume duty while the investigation continued, subject to the circumstances of the case.

The court further noted that prolonged suspension causes significant hardship to an employee. The subsistence allowance paid during suspension is intended to help an employee meet basic expenses and participate effectively in the proceedings. Keeping an employee under suspension for years without timely disciplinary action can therefore cause serious prejudice.

Finding no error in the decision of the Central Administrative Tribunal, the Jharkhand High Court dismissed the Union government’s writ petition. The ruling reiterates that authorities must follow the prescribed procedure for reviewing suspension orders and cannot rely solely on a pending investigation to justify an extended suspension without taking timely action.

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