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Misuse of Suspension of Government Employee as Punitive Tool

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On 12.9.2024, the applicant working as Social Service Superintendent, BJ Government Medical College, Pune, was placed under suspension, in contemplation of disciplinary inquiry.

On 14.9.2024, FIR was registered in respect of government funds transfer to the personal bank accounts of many employees including the applicant.

However, the departmental inquiry was initiated on 18.2.2025.

HELD that as per the law laid down by the Supreme Court in Ajay Kumar Choudhary case (2015 (7) SCC 291) and the GAD GR Dated 22.4.2025

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. Departmental/disciplinary proceedings, invariably commence with delay, are plagued with procrastination prior and post the drawing up of the memorandum of charges, and eventually culminate after even longer delay.

Judgment dated 8.5.2026 of Maharashtra Administrative Tribunal, Mumbai, in Original Application No.484 of 2025 of Sandip Nanadkumar Kharat  Vs.   The Commissioner, Directorate of Medical Education & Research and others

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