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Suspension not reviewed within 90 days as per CCA Rules 1965


16-Sep-2023 (In Labour & Service Law)
I am working as a professor of Central Govt funded Deemed University with more than 30 years service. I have been suspended with alleged charge of creating a WhatsApp Group with office logo for helping alumni with career guidance, for my personal gain. Enquiry is not being held as per laid down CCA Rules 1965.Only one enquiry sitting took place month back. Suspension not reviewed within 90 days. I am governed by CCS (CCA) Rules 1965 and Institute Rules. Institute is not under CAT/MAT. What legal recourse do I have to get reinstated? Can the chargesheet/enquiry be quashed? What sections/Acts can give relief? Pl guide.
Answers (1)

Answer #1
529 votes
Failure to review suspension cases is a serious matter. The provision of Rule 10 of
the CCS (CCA) Rules, 1965 is as under:-
10. - Sub Rule (6) An order of suspension made or deemed to have been made
under this rule shall be reviewed by the authority which is competent to modify or revoke the
suspension [before expiry of 90 days from the effective date of suspension] on the
recommendation of Review Committee constituted for the purpose and pass orders either
for extending or revoking the suspension. Extension of suspension shall not be for a period
exceeding one hundred and eighty days at a time.]
10. - Sub Rule (7) An order of suspension made or deemed to have been made
under sub-rule (1) or (2) of this rule shall not be valid after a period of ninety days unless it
is extended after review, for a further period before the expiry of ninety days.
ProVided that no such review of suspension shall be necessary in the case of
deemed suspension under sub-rule (2), if the Government servant continues to be under
suspension at the time of completion of ninety days of suspension and the ninety days'
period in such case will count from the date the Government servant detained in custody is
released from detention or the date on which the -fact of his release from detention is
intimated to his appointing authority, whichever is later]
In view of the rule position stated above, all Head of Offices of Daman & Diu are
directed to diarize all suspension cases and arrange to hold review Committee meetings of
s~spension cases strictly within the stipulated time period as per rule, in consultation with
Vigilance Department, Daman.
The concerned Head of Office shall be held responsible personally for any lapse in
this regard.

you can challenge your suspension in Central Administrative Tribunal regarding reinstatement

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