UNION OF INDIA & ORS. versus DIPAK MALI
Suspension order lapses after ninety days unless reviewed and extended within that period as per amended Rule 10; subsequent review and extension cannot revive an invalid suspension order. The Tribunal and High Court correctly quashed the invalid suspension and Supreme Court affirms.
- Parties
- Petitioner: Union of India & Ors.; Respondent: Dipak Mali
- Jurisdiction
- India
- Judgment Date
- 15 December 2009
- Procedural Posture
- Special Leave Petition (civil) / Supreme Court Appellate Decision
- Outcome
- SLP dismissed
- Legal Topics
- Suspension of Employee, Review and Extension of Suspension Orders, Administrative Tribunals Act, 1985, Central Civil Services (cca) Rules, 1965
Case Brief
Summary, issues, holding and outcome
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Parties
Union of India & Ors.
Petitioner
Dipak Mali
Respondent
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Decision
Legal Issues
- 1 Whether the suspension order survives after expiry of ninety days without review or extension as per amended Rule 10 (6) and (7) of Central Civil Services (CCA) Rules, 1965
- 2 Whether subsequent review and extension can revive a suspension order which has become invalid after expiry of ninety days
Ratio Decidendi
Suspension order lapses after ninety days unless reviewed and extended within that period as per amended Rule 10; subsequent review and extension cannot revive an invalid suspension order. The Tribunal and High Court correctly quashed the invalid suspension and Supreme Court affirms.
Court Disposition
SLP dismissed
Orders
- No costs
- Upholding High Court and Central Administrative Tribunal orders quashing suspension order
Full Case Text
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