Jharkhand High Court: Govt 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 served. The Court said that keeping an employee under suspension for a long period without starting disciplinary proceedings cannot be used as a form of punishment.
Case Before the High Court
A Division Bench comprising Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing a petition filed by the Union of India. The government had challenged an order of the Central Administrative Tribunal (CAT) that had interfered with the prolonged suspension of a postal employee.
The employee was working as a Treasurer at the Giridih Head Post Office. He was suspended on September 27, 2019, in connection with an alleged fraud of more than ₹26 crore in the Jharkhand Postal Circle.
Charge-Sheet Issued After Nearly Two-and-a-Half Years
Although the employee’s suspension was reviewed from time to time, the departmental charge-sheet was served only on March 7, 2022.
This was nearly two-and-a-half years after his suspension.
The authorities explained that the delay occurred because the CBI investigation into the alleged financial irregularities was still pending.
Employee Challenged Suspension Before CAT
The employee challenged his prolonged suspension before the Central Administrative Tribunal.
The CAT quashed the suspension and directed the authorities to consider the employee’s entitlement to salary after the first three months. The subsistence allowance already paid to him was to be adjusted against the amount payable.
The Union of India then approached the Jharkhand High Court against the CAT’s order.
The government argued that the allegations were serious and that the pending investigation justified continuing the suspension.
High Court Relied on Supreme Court Judgment
The High Court relied on the Supreme Court’s judgment in Ajay Kumar Choudhary v. Union of India.
The Court explained that suspension is generally a preventive measure. Its purpose is to prevent an employee from interfering with an investigation or disciplinary proceedings.
However, suspension cannot be allowed to continue indefinitely without a charge-sheet.
Suspension Cannot Become a Punishment
The Bench reiterated that a suspension order should not ordinarily remain in force beyond three months when no charge-sheet has been served.
The Court also clarified that if a charge-sheet is served, the suspension may continue, but it must be reviewed before the expiry of the initial three-month period. Without such a review extending the suspension, the suspension order cannot continue after three months.
CBI Investigation Does Not Automatically Justify Long Suspension
In this case, the employee was suspended on September 27, 2019, but the departmental charge-sheet was issued only on March 7, 2022.
The High Court held that the pendency of the CBI investigation, by itself, could not justify such a prolonged suspension.
The authorities could have started departmental proceedings earlier. If necessary, they could also have revoked the suspension and allowed the employee to resume duty while the investigation continued.
Prolonged Suspension Causes Prejudice
The Court also observed that prolonged suspension can cause serious prejudice to an employee.
The subsistence allowance paid during suspension is meant to help the employee meet basic needs and participate effectively in the disciplinary proceedings. It is not intended to serve as a substitute for regular salary for an indefinite period.
Key Takeaway
The Jharkhand High Court reiterated that suspension is a preventive measure, not a punishment. Where no charge-sheet is served within three months, a government employee’s suspension should not ordinarily continue indefinitely. A prolonged suspension must be supported by proper review and cannot be justified solely because an investigation is pending.
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