Delhi High Court
Sudarshan Meena vs Union Of India & Anr. on 17 May, 2021
$~Suppl.-4 & 11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4968/2021 & CM APPLs.15220-15221/2021
RAJIV KUMAR SINGH ..... Petitioner
Through Mr.Tushar Ranjan Mohanty,
Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Abhay Prakash Sahay, Advocate.
+ W.P.(C) 4310/2021 & CM APPL.13122/2021
SUDARSHAN MEENA ..... Petitioner
Through Mr.Tushar Ranjan Mohanty,
Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Abhay Prakash Sahay, Advocate.
% Date of Decision: 17th May, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (Oral):
1. The petitions have been heard by way of video conferencing.
2. Present writ petitions have been filed challenging the order dated 22 n d
December, 2020 passed by the Central Administrative Tribunal (hereinafter
referred to as the 'CAT') in O.A.Nos.1311/2020 and 1441/2020 whereby the
O.As filed by the petitioners challenging their suspension orders were
W.P. (C) 4968/2021 and connected 1 of 3
disposed of with a direction to the Reviewing Authority to take into account
three factors mentioned in paragraph 6 of the impugned orders while
considering the cases of the petitioners' in future for extension of the
suspension. Since paragraph 6 in both t he impugned orders is iden tical,
paragraph 6 of the impugned order passed in O.A.No.1311/2020 is
reproduced hereinbelow:-
"6. Three factors need to be taken into account. The first is that
the applicant is said to be not figuring as an accused in the
charge sheet filed by the CBI. If it is a fact that the name of the
applicant did not figure in the charge sheet, the same needs to
be taken into account, by the Reviewing Authority. The second
is about the issuance of a charge memo under Rule 14 of CCS
(CCA) Rules, 1965 on 09.12.2020. The question as to whether the
charges are serious in nature, warranting the continuance of
the applicant under suspension, deserves to be considered. The
third is about the shifting of the applicant from Mumbai to
Guwahati. We are of the view that as and when the case of the
applicant becomes due for reviewing the suspension, the
factors mentioned above shall be taken into consideration."
3. After some arguments, it transpires that subsequent to t he im pugned
orders, the respondents have passed orders dated 13th January, 2021
extending the suspension period of the petitioners.
4. Learned counsel for the petitioners states that the respondents while
passing the subsequent orders dated 13th January, 2021 have not con sidered
one of the factors directed to be taken into account by CAT i.e. t ran sfer of
the applicants from Mumbai to Guwahati and Bhopal respectively. He also
points out that subsequent to the impugned orders, a Special Leave Pet ition
filed by the Union of India challenging the order passed by the Orissa High
Court in the case of Sandeep Yadav had been dismissed. He points ou t t hat
W.P. (C) 4968/2021 and connected 2 of 3
even a Review Petition filed by the Union of India before t he Orissa High
Court had been dismissed on 09th April, 2021. He contends that the aforesaid
facts need to be taken into account by the respondents while passing a fresh
order, even if they intend to extend the suspension period. He last ly st ates
that the respondents have not correctly determined the subsistence allowance
to be paid to the petitioners in accordance with FR 53.
5. This Court finds merit in the submission of the learned counsel for the
petitioners. Consequently, this Court directs the respondents to re-consider
the issue of extension of suspension of the petitioners.
6. Let a reasoned order be passed by the respondents taking into account
the aforesaid arguments urged by learned counsel for the petitioners within
four weeks. This Court clarifies that it has not expressed any opinion on the
merits of the controversy. All the rights and contentions of t h e part ies are
left open. With the aforesaid directions, the present writ petitions along with
pending applications are disposed of.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
MAY 17, 2021
KA
W.P. (C) 4968/2021 and connected 3 of 3
