Judgment:
HON'BLE MR. GEORGE PARACKEN, JUDICIAL MEMBER
The applicant has filed this OA seeking following reliefs:-
"i) to issue declarations as follows:-
a) that the suspension of the petitioner has caused from 5.7.2008 as per Rule 10(7) of CCS (CCA) Rules 1965.
b) applicant is entitled to draw full salary from 5.7.2008 onwards treating the entire period from 5.7.2008 onwards as duty for all purposes;
c) that he is entitled to be posted to Agatti Island with immediate effect;
d) that no further action on the basis of Annexure A2 can be initiated against the applicant:
He has also sought following interim reliefs:-
1) to direct the respondents to pay the salary to the petitioner for the period from July, 2008 to November 2008;
2) to direct the respondents to allow the applicant to function as Asst. Headmaster under the 4th respondent during pendency of the Original Application."
2. The applicant was placed under suspension vide the Annexure A 2 order dated 7.4.2008. Consequently, the order of transfer dated 26.3.2008 transferring him as Headmaster, Senior Basic School Agatti was also cancelled vide Annexure A 7 order dated 17.7.2008. The contention of the learned counsel for the applicant was that the Annexure A 2 order of suspension dated 7.4.2008 automatically came to an end by operation of Rule 10(7) of the CCS (CCA) Rules 1965 as the said order was neither reviewed or extended beyond 90 days. However, he has submitted that the respondents have later on initiated disciplinary proceedings against him in continuation of the Annexure A 2 suspension order. The Counsel for the Respondents has also agreed to the aforesaid contention and submissions. He has stated that the Applicant was paid full salary from 7.7.2008 onwards and he has also been posted back to Agatti island.
3. We have heard Advocate Mr. Sathyanathan for Mr. M. V. Thamban, learned counsel for the applicant and Advocate Mr. S Radhakrishnan, learned counsel for the respondents. No doubt, the Annexure A 2 suspension order dated 7.4.2008 is deemed to have been revoked after expiry of 90 days of its issue. Since the respondents have already initiated disciplinary proceedings against the applicant and the Charge Memo has also been issued to him, it would not be proper for us to direct the Respondents not to take any action on the basis of the suspension order as prayed for by the applicant. However, in view of the submission made by learned counsel for applicant that his juniors have already been promoted, the respondents shall complete the entire disciplinary proceedings within six months from the date of receipt of copy of this order provided the applicant fully cooperate with the enquiry. If the applicant is aggrieved by the outcome of the proceedings, he is at liberty to challenge the same including the Annexure A 2 suspension order.
4. With the aforesaid direction, the OA is disposed of. There shall be no orders as to costs.