Jammu: The High Court of J&K and Ladakh has said that the failure to produce a charge sheet within a period of three months against a government employee does not automatically vitiate the suspension.
“It is true ordinarily whenever a Government servant is placed under suspension on a criminal charge, endeavour should be made to produce the charge sheet before the competent court of law within a period of three months,” Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta while setting aside the Central Administrative Tribunal’s order whereby suspension against an employee of Kashmir Power Distribution Corporation Limited (KPDCL), Munshi Masood, was quashed on the ground the delay caused by the employer to complete the enquiry against him.
“The failure to produce a challan/charge sheet within a period of three months does not automatically vitiate the suspension,” the court said, adding, “However, in such cases the authority conducting investigation must report to the higher authority the reasons for delay. And also, the suspension of such Government servant is required to be reviewed by the competent authority.”
In terms of Government instructions issued vide SRO 616 dated 20th September 1978, the court said, wherever a Government servant is placed under suspension, it shall be the endeavour of the competent authority to have the charge sheet filed in the court in case of prosecution and the charges served on the Government servant, in case of departmental proceedings within three months from date of suspension.
“The cases in which this is not possible, such authority shall report to the next higher authority explaining the reasons for delay and the cases of such Government officer under suspension would be reviewed by the competent authority periodically to see that the steps could be taken to expedite the progress of trial/departmental proceedings so as to reduce period of suspension to barest minimum,” the court said.
The Government servant, the court said can also be placed under suspension if he is detained in the custody whether on a criminal charge or otherwise for a period longer than 48 hours, in such a situation the Government servant would be deemed to be under suspension.
“The authority competent to place a delinquent Government employee under suspension is also empowered to revoke such suspension at any time.”

KR Desk