Without serving chargesheet, suspension should not extend beyond three months Apex court

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Current situation can be controlled by only recruiting transgenders in judicial and police department for stopping crimes in India
Sudalai Kumar <ss.kumar1987@gmail.com> 4 December 2019 at 16:59

To: cs@tn.gov.in, indsec@tn.gov.in, dgp@tn.gov.in, cop.chncity@tncctns.gov.in, Bala <balasubramanian.energyaudit@gmail.com>, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>, cr.nhrc@nic.in, supremecourt@nic.in, geomine@nic.in, cgmchennai32@gmail.com

Sir/Madam,

This is why we prefer online petitions instead of post/ courier as we aware of all criminal activities in government offices. Because you have not followed any procedure to suspend me.

1. No show cause notice issued to me before suspension.
2. No specific charges mentioned in suspension order.
3. No preliminary inquiry has been done before suspension.
4.No inquiry was conducted after three months of suspension.
5.No financial support for my survival for five months during suspension
6.There is no credibility test on women raised issues on me.
7.No extension order after three months of suspension.
Supreme Court of India
Ajay Kumar Choudhary vs Union Of India Thr Its Secretary & … on 16 February, 2015
Bench: Vikramajit Sen, C. Nagappan
The apex court in the judgment had said that suspension, spe ..We, therefore, direct that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension. As in the case in hand, the Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognize that previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set time limits to their duration. However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us.

15 So far as the facts of the present case are concerned, the Appellant has now been served with a Chargesheet, and, therefore, these directions may not be relevant to him any longer. However, if the Appellant is so advised he may challenge his continued suspension in any manner known to law, and this action of the Respondents will be subject to judicial review.

16 The Appeal is disposed of in the above terms and we desist from imposing costs.

………………………J [VIKRAMAJIT SEN] ………………………J [C. NAGAPPAN] New Delhi;

February 16, 2015.

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Tracking No. C91870622 Last Status Date 04th dec’19
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Tue,03rd Dec’19|04:32 Hrs Processed & Forwarded ToHub Chennai Hub
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Mon,02nd Dec’19|22:08 Hrs Processed & Forwarded To Facility Tambaram, Chennai
Mon,02nd Dec’19|22:08 Hrs Booked At Facility Tambaram, Chennai

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Tracking No. C91870623 Last Status Date 04th dec’19
Reference No. 120889485342 Last Status  Successfully Delivered

Booking Date 02nd dec’19    
   

Shipment Details

Origin Chennai Destination Chennai Destination Pincode 600032
No. of pieces 1 Service Type Lite
Package contents

Receiver Details

Receiver Name Co Seal Relationship Security Guard
Phone email

Shipment Tracking History

Date Activity Location
Wed,04th Dec’19|13:04 Hrs Successfully Delivered Guindy, Chennai
Wed,04th Dec’19|10:34 Hrs Out For Delivery Guindy, Chennai(GUINDY – INDL. ESTATE(NEW))
Tue,03rd Dec’19|18:42 Hrs Not Delivered(CONSIGNMENT REDIRECTED) Guindy, Chennai
Tue,03rd Dec’19|10:26 Hrs Out For Delivery Guindy, Chennai
Tue,03rd Dec’19|08:18 Hrs Received At Facility Guindy, Chennai
Tue,03rd Dec’19|08:18 Hrs Received At Facility Guindy, Chennai
Tue,03rd Dec’19|04:32 Hrs Processed & Forwarded ToHub Chennai Hub
Mon,02nd Dec’19|22:49 Hrs Processed & Forwarded ToFacility Tambaram, Chennai
Mon,02nd Dec’19|22:08 Hrs Processed & Forwarded To Facility Tambaram, Chennai
Mon,02nd Dec’19|22:08 Hrs Booked At Facility Tambaram, Chennai

3 comments on Without serving chargesheet, suspension should not extend beyond three months Apex court

  1. Undoubtedly impugned suspension order liable to be quashed as against the order passed by the Hon'ble supreme court of India as apex court of India is the court of record so its order must complied by not only subordinate courts but also by bureaucracy of this largest democracy in the world both centre and state bureaucracy. But here it seems that there is no rule of law in this largest democracy in the world.

  2. Think about the gravity of situation, those amassed huge wealth are set scot free but those talking honesty are facing wrath of the government functionaries in the state.
    Sir/Madam,
    This is why we prefer online petitions instead of post/ courier as we aware of all criminal activities in government offices. Because you have not followed any procedure to suspend me.1. No show cause notice issued to me before suspension. 2. No specific charges mentioned in suspension order.
    3. No preliminary inquiry has been done before suspension. 4.No inquiry was conducted after three months of suspension.
    5.No financial support for my survival for five months during suspension 6.There is no credibility test on women raised issues on me.
    7.No extension order after three months of suspension.

  3. Here corrupt public functionaries can act against the law of land and no one will touch them but if a whistleblower acts in accordance with the law of land then he will be targeted by the corrupt public functionaries. Where is Bill protecting the whistleblowers if there is any such bill why there is gross injustice with a whistleblower why concerned public functionaries are not taking any action in the matter whether we are surrounded by the coterie of corrupt people who have Hijacked the democratic values in this largest democracy in the world.

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