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2025 DAILYLAW 2641 (MAN)

Md Hassan v. State of Manipur and Anr

WP(C)/676/2025 · 2025-09-23

Ahanthem Bimol Singh

body2025

Judgment text

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Page 1 Item No. 58 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP (C) No. 676 of 2025 Md. Hassan Petitioner Vs. State of Manipur; & Anr. Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 24.09.2025 [1] Heard Mr. N. Bipin, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned GA appearing for the respondents. [2] The present writ petition has been filed assailing the order dated 21.03.2023 issued by the Deputy Secretary (Revenue), Government of Manipur by which the petitioner has been placed under suspension in contemplation of a disciplinary proceeding against him and in exercise of the power conferred by Sub-rule (1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCS (CCA) Rules for short). KABOR AMBAM SAPAN A CHANU Digitally signed by KABORAMBA M SAPANA CHANU Date: 2025.09.24 16:36:27 +05'30' Page 2 [3] The case of the petitioner is that under Rule 10 (7) of the CCS (CCA) Rules, 1965, it is, inter-alia, provided that if an order of suspension is made under Sub-rule 1 of Rule 10 and where no charge sheet is issued under the said rules, the total period of suspension including any extended period in terms of Sub-rule (6) shall not exceed 270 days from the date of order of suspension. [4] In the present case, the petitioner has been placed under suspension by the impugned order dated 21.03.2023 in exercise of the power conferred under Rule 10 (1) (a) of the CCS (CCA) Rules, 1965 and as the period of 270 days has already expired from the date of issuance of such suspension order and as such, the impugned suspension order has been rendered invalid by operation of law as provided under Rule 10 (7) of the CCS (CCA) Rules, 1965. The learned counsel appearing for the petitioner accordingly prays for quashing and setting aside the impugned suspension order and for directing the authorities to reinstate the petitioner in service forthwith along with consequential benefits entitled under law. [5] Mr. Shyam Sharma, learned GA appearing for the respondents fairly submitted that he has received instructions from Page 3 the authorities with regard to the fact that no article of charges has been framed against the petitioner by the authority in connection with the contemplated Departmental Enquiry and as such, the learned GA submitted that any appropriate order may be passed by this Court as permissible under the law. [6] Taking into consideration, the submission advanced by the learned counsel appearing for the parties and the admitted position of facts as stated in the records, this Court is satisfied that the impugned suspension order dated 21.03.2023 has been rendered invalid by operation of law as provided under the Sub-rule 7 of Rule 10 of the CCS (CCA) Rules, 1965 as 270 days has already lapsed from the date of issuance of the impugned suspension order and as no charge sheet has been filed against the petitioner in connection with the contemplated departmental enquiry. Accordingly, this Court is of the considered view that it will be in the interest of justice to issue the following directions:- 1) The impugned suspension order dated 21.03.2023 is hereby quashed and set aside. Page 4 2) The respondents are directed to reinstate the petitioner in service forthwith with all consequential service benefits as provided under the law. [7] With the aforesaid directions, the present writ petition is disposed of. JUDGE Sapana