1 Item No. 46 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 288 of 2025 Md. Arajuddin Petitioner Vs. State of Manipur & 3 ors. Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 25.07.2025 [1] Heard Mr. A Viscount, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned GA appearing for the respondents. [2] The present petition has been filed assailing the order dated 24.08.2022 issued by the Deputy Secretary (Revenue), Govt. of Manipur by which the petitioner has been placed under suspension in exercise of the power conferred by sub-rule (1) of Rule 10 of the Central Civil Services (Classification, Control & Appeal), Rules 1965 in contemplation of a departmental enquiry against the petitioner. [3] It is the case of the petitioner that after placing the petitioner under suspension by the said order dated 24.08.2022, the authorities did not initiate any departmental enquiry and that the departmental enquiry was initiated only on 11th July, 2025 by issuing a memorandum dated 11.07.2025 by the Secretary (Land Resources), Department wherein the article of charges have been framed against the petitioner. LUCY GUR UMA YUM Digitally signed by LUCY GURUMAYU M Date: 2025.07.28 14:19:35 +05'30' 2 [4] It has been submitted by the learned counsel appearing for the petitioner that under 2nd Proviso to Rule 10(7) of the CCS (CCA) Rules 1965, it is, inter alia, provided that in a case were no charge sheet is issued under this Rules, total period under suspension or deem suspension, as the case may be, including any extended period in terms of sub-rule (6) shall not exceed 270 days from the date of order of suspension, if the government servant is placed under suspension in terms of sub-rule (1) of Rule 10 of CCS (CCA), Rules 1965. [5] It has been submitted on behalf of the petitioner that as the petitioner was placed under suspension on 24.08.2022 in exercise of the power under Rule 10(1) of CCS (CCA) Rules 1965 and as the departmental enquiry was initiated by the authorities by framing article of charges only on 11.07.2025, the impugned suspension order has been rendered invalid by virtue of the provision under the 2nd proviso of rule 10(7) of the (CCS) (CCA), Rules, 1965 as the period of suspension has exceeded a period of 270 days from the date of suspension. The learned counsel accordingly prays for quashing and setting aside the impugned suspension order dated 24.08.2022 and to direct the authorities to released all the entitled benefits due payable to the petitioner. [6] As directed by this Hon’ble Court on 16.07.2025, the Secretary (Revenue/Land Resource), Govt. of Manipur, who is the respondent no. 2 herein, appeared personally before this Court and submitted that the departmental enquiry against the petitioner was initiated by the authorities by framing article of charges and by issuing the same to the petitioner under a memorandum dated 11.07.2025. It has also been submitted by the Officer that the departmental enquiry will be completed within a period of 2(two) months from today. [7] Taking into consideration that the authorities have admitted that no charge sheet was issued in connection with the departmental 3 enquiry against the petitioner within 270 days from the date of suspension, this Court is of the consider view that the suspension order has been rendered invalid by virtue of operation of law as provided under the 2nd proviso to Rule 10(7) of the (CCS) (CCA) Rules, 1965. Accordingly, the impugned suspension order dated 24.08.2022 is hereby quashed and set aside and the respondents are directed to reinstate the petitioner in service forthwith. Consequently, it is also hereby order that the authorities should released all the entitled benefits due payable to the petitioner consequent upon his reinstatement in service. [8] It is made clear that all the process should be completed within a period of 1(one) month from today. [9] With the aforesaid direction, the present petition is disposed of. [10] The personal appearance of the Secretary (Revenue/Land Resource), Govt. of Manipur, is hereby dispensed with. JUDGE Lucy