AIR 2015 SUPREME COURT 2389

Supreme Court Of India

Hon'ble Judge(s): Vikramajit Sen, C. Nagappan , JJ

(A) Constitution of India , Art.16— Suspension - Time limit - 90 days - Extension thereafter not permissible if no charge-sheet is filed - If charge- sheet is filed further extension ought to be by reasoned order - @page-SC2390Quintessence of S. 167 (2) of Code engrafted to protect personal freedom has to be applied to suspension to preserve human dignity and right of speedy trial. Criminal P.C. (2 of 1974) , S.167(2)— Constitution of India , Art.21— Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration. If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature. Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his Department, has to endure this excruciation even before he is formally charged with some misdemeanour, indiscretion or offence. His torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination, that is to determine his innocence or iniquity. Much too oft....