The Chargesheet Reached Him In Time, So The Suspension Survived
A Single Judge had freed an officer from suspension because no order continuing it was passed within ninety days. The Chief Justice's bench has restored it — and ordered a real review.
The Court held that a mere failure to pass an order of continuation within 90 days does not by itself invalidate a suspension under Rule 9, where the departmental chargesheet has been served within that period. But prolonged suspension cannot be continued mechanically and must remain subject to periodic and meaningful review. The appeal was allowed and the writ petition dismissed, the suspension orders standing subject to a fresh review.
- Service of the chargesheet is the saving fact. Without it the ninety-day point would bite differently.
- The review must be real. Objective, independent, and not influenced by the appeal having succeeded.
- Ajay Kumar Choudhary governs the principles the competent authority must apply.
- A non-sensitive posting is an option if continued suspension is found unnecessary.
- Court
- High Court of Chhattisgarh at Bilaspur
- Bench
- Justice HON'BLE THE CHIEF JUSTICE, Justice HON'BLE SHRI JUSTICE RAVINDRA KUMAR AGRAWAL
- Citation
- WA No. 360 of 2024
- Case
- WA No. 360 of 2024
- Decided
- 7 September 2026
- Outcome
- Writ appeal allowed; Single Judge's order set aside subject to a fresh review of suspension
The point of law
Mere failure to pass an order of continuation within 90 days does not, by itself, invalidate the order of suspension under Rule 9 of the Rules of 1966, where the departmental chargesheet has been served upon the delinquent employee within that period.
However, prolonged suspension cannot be continued mechanically. It must remain subject to periodic and meaningful review by the competent authority.
The review the Court ordered
Given that the respondent has remained under suspension for a considerable period, the Court observed that the competent authority shall undertake a fresh and meaningful review of the necessity of continuing the suspension, keeping in view the principles laid down by the Supreme Court in Ajay Kumar Choudhary and the statutory provisions governing suspension.
That consideration must be undertaken objectively and independently, without being influenced merely by the fact that the appeal has been allowed.
If the authority takes the view that continued suspension is no longer necessary, it is open to it to revoke the suspension, or to consider posting him against a suitable non-sensitive post, in accordance with law.
What was left untouched
The Court clarified that it has expressed no opinion on the merits of the criminal case or the departmental proceedings pending against the respondent, and that nothing in the judgment is to be construed as an expression of opinion on the allegations.
Those proceedings continue independently and in accordance with law.
The writ appeal was allowed, the Single Judge's order of January 2024 set aside and the writ petition dismissed, with the suspension orders standing subject to the fresh review directed.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Does suspension lapse if no continuation order is passed in ninety days?
Not by itself, where the departmental chargesheet was served within that period.
Can a suspension simply run on indefinitely?
No. The Court held prolonged suspension cannot be continued mechanically and must be reviewed periodically and meaningfully.
Challenging a long-running suspension
- Check whether the chargesheet was served within ninety days; that single fact decides the deadline argument.
- Shift the attack from the ninety days to the absence of periodic review, which is the surviving ground.
- Cite Ajay Kumar Choudhary and ask for a reasoned review, not revocation as of right.
- Propose a non-sensitive posting as the alternative; the Court left that open expressly.
Source. High Court of Chhattisgarh at Bilaspur, WA No. 360 of 2024, decided 7 September 2026 by Justice HON'BLE THE CHIEF JUSTICE, Justice HON'BLE SHRI JUSTICE RAVINDRA KUMAR AGRAWAL. This explainer is written from the judgment text as reported.
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