Nirakar Mallick vs Union Of India And Ors

ACHINTYA MALLA BUJOR BARUA

1.Heard Mr. RP Kakoti, learned senior counsel for the petitioner. Also heard Mr. SC Keyal, learned standing counsel for the respondent, Assam

University.

An order of suspension dated 30.07.2018 passed by the Registrar, Assam University has been assailed in this writ petition. Although on earlier

occasion, a stand had been taken by the respondent Assam University that the said suspension order would be withdrawn but for certain given

reasons and the circumstances prevailing in the University, the same could not be done. However, today Mr. RP Kakoti, learned senior counsel for

the petitioner refers to the provisions of Rule 10(7) of the Central Civil Services Rules which inter alia provides that the order of suspension made or

deemed to have been made under Rule 10(1) or Rule 10(2) 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. Rule 10(7) is as follows: “10(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 daysâ€​.

A bare perusal of Rule 10(7) makes it implicit that an order of suspension would not remain valid after a period of ninety days in the event, the

same is not reviewed and extended further. In the instant case, it is taken note of that the order of suspension is dated 30.07.2018, but thereafter the

said order had neither been reviewed nor been extended by the authorities. In the event of the order being not reviewed or extended, by operation of

the provision of Rule 10(7) of the Central Civil Services Rules, the said order ceases to exist after the expiry of ninety days from the date of the order

i.e. 30.07.2018. As the said period of ninety days is already over, the order of suspension dated 30.07.2018 no longer exists.

In view of the above, no further adjudication is required in this writ petition and the same stands closed.