Suspended for more than three months without a charge sheet: what the law says
Suspension is meant to be a temporary measure while an enquiry or investigation is pending. In practice, employees in Madhya Pradesh are sometimes kept under suspension for many months without being told the charges against them.
The three-month rule
In Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, the Supreme Court directed in paragraph 21 that the currency of a suspension order should not extend beyond three months if, within that period, the memorandum of charges or charge sheet is not served on the employee; and if it is served, a reasoned order must be passed for extending the suspension.
The Court explained that protracted suspension without charges is itself punitive, and that the employee is left without knowledge of the case he has to meet.
Subsistence allowance
During suspension, the employee is entitled to subsistence allowance under the applicable Fundamental Rules. The rules provide for review of the amount after the initial period, with an increase where the prolongation of suspension is not attributable to the employee. Non-payment of subsistence allowance is a separate ground of grievance.
Where the rule may not apply directly
Courts have treated suspension pending a criminal trial differently in some cases, and the competent authority may continue suspension by a reasoned order after the charge sheet is served. Each case therefore depends on the dates: the date of suspension, the date of service of the charge sheet, and whether any review or extension order was passed.
What can be done
- a representation to the competent authority for revocation, citing the period without a charge sheet;
- a writ petition before the High Court seeking revocation of suspension and reinstatement, with consequential benefits;
- a claim for revision of subsistence allowance where it has not been increased.
This article is general information on the law as it stood when written. It is not legal advice. Every service matter turns on its own service record, rules and orders, which should be examined before any step is taken.