Chandigarh, April 18 In a major sigh of relief for M S Malik, former Haryana director general of police, the Central Administrative Tribunal (CAT) has quashed his suspension order. It has directed the Haryana government to consider Malik as reinstated with effect from September 13, 2005.
Malik was placed under suspension from June 14, 2005.
Quashing the suspension order in 2005, the tribunal had held that there was no relevant evidence before the state government to suspend Malik.
However, Haryana challenged the order of the tribunal through a petition in the Punjab and Haryana High Court. Later, the order of the tribunal quashing Malik’s suspension was stayed.
Malik then moved the tribunal again and claimed that during the pendency of the original application, he was served a chargesheet on August 3, 2005, to justify his illegal suspension order ignoring the fact that decision had already been taken on the floor of the House to constitute a judicial commission of inquiry on the same issue. However, Malik challenged the chargesheet letter.
Malik’s counsel further contended that a suspension order passed initially stands valid for 90 days and in case it is not extended within 90 days, it automatically comes to an end.
Malik had also accused an IPS officer of misguiding the state government.
However, the Centre took the stand that the suspension of Malik had been extended after due consideration by the competent authority.
“The charges were serious in nature. If Malik is reinstated, he could tamper with the records and influence of the concerned officer, and as such he was not liable to be reinstated and as such his suspension was extended from time to time, till he retired. Thus, there is no illegality in the suspension orders,” it was said.
However, the tribunal held on Friday that Malik be reinstated and given all consequential benefits.
Express news service
Posted online: Saturday , April 19, 2008 at 01:54:37Updated: Saturday , April 19, 2008 at 01:54:37 www.expressindia.com
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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