IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5929 of 2010 1. BHOLA PRASAD S/O SHRI BRAHMDEV PRASAD R/O VILL SAMBULPUR, P.O.GOPALPUR, P.S.HARNOUT, DISTT-NALANDA, AT PRESENT RESIDENT OF C/O SRI SATYA NARAYAN PRASAD , HANUMAN NAGAR, HOUSING COLONY, P.S.PATRAKAR NAGAR, DISTT-PATNA .......Petitioner Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF ENVIRONMENT & FOREST LODHI ROAD, NEW DELHI 2. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF ENVIRONMENT & FOREST GOVT. OF BIHAR, PATNA 3. SPECIAL SECRETARY, DEPARTMENT OF ENVIRONEMENT & FOREST GOVT.OF BIHAR, PATNA 4. PRINCIPAL CHIEF CONSERVATOR OF FORESTS BIHAR, PATNA 5. CABINET VIGILANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA THROUGH ADDITIONAL DIRECTOR GENERAL, VIGILANCE INVESTIGATION BUREAU, PATNA .........Respondents ----------- For the petitioner: Mr. Abhinav Srivastava, Advocate For the Union of India: Mr. Satyendra Kumar Jha, C.G.C ----------- 7 16-11-2010 Heard learned counsel for the petitioner and learned counsel for the Union of India. Petitioner was suspended on account of certain charges which have led to a criminal case as well as a departmental proceeding. The order of suspension was issued on 01-08-2007. The order sought to place the petitioner under suspension w.e.f. 27-6-2007. If the petitioner was under custody and under deemed suspension that would be a separate matter otherwise it is well established in law that suspension cannot be retrospective. Hence, the suspension order would be deemed to be effective w.e.f. 01-08-2007. Taking such a 2 view the Central Administrative Tribunal, Patna Bench, Patna came to a factual finding that before the expiry of 90 days the suspension of the petitioner was confirmed by the concerned Review Committee under the Rules of 1969. In view of such finding O.A. no. 548/2007 was dismissed by the impugned order dated 8-1-2010 contained in annexure-4. Before us the issue decided by the Tribunal was also re-agitated but we find no good materials to take a different view. Another submission advanced before us was on the basis of All India Services (Discipline and Appeal) Amendment Rules, 2009 which has come into effect from 30th September, 2009. Relevant paragraph of that Rules is quoted in paragraph 14 of the writ petition. As per the Amendment Rules a suspension order shall stand automatically revoked after two years unless it is continued beyond two years on the recommendation of the Central Ministry’s Review Committee. There is a saving clause that the period during which the disciplinary proceedings have remain 3 stayed due to orders of a court of law, shall be excluded from the limit of two years, but this clause is not attracted in the present case. There is no dispute that petitioner’s suspension had already become more than two years old when the amended Rules of 2009 came into effect. Technically, petitioner’s suspension was not affected by the amended Rules of 2009 which are only prospective. However, learned counsel for the petitioner has submitted that the amended Rules reflect a policy of the Union of India which is beneficial for all concerned including the employees and under such a policy suspension beyond a period of two years is not looked upon favourably unless the Central Ministry’s Review Committee had made recommendation for continuing the suspension beyond two years. Learned counsel for the Union of India has no objection if this court directs the Central Ministry’s Review Committee to consider the case of petitioner at an early date so that if the Review Committee does not approve the continuance of suspension, it may come to 4 an end. In the facts and circumstances of the case, the writ petition is disposed of with a direction to the concerned respondents to place the case of petitioner before the Central Ministry’s Review Committee so that a decision may be taken by the Central Ministry’s Review Committee as to whether the petitioner’s suspension should be continued further or not. Such a decision should be taken at an early date and in any case within three months from today. BKS/- (Shiva Kirti Singh, J.) (Mridula Mishra, J.)