Supreme Court · 2015 INSC 120 · Decided 16 February 2015

Ajay Kumar Choudhary v. Union of India Through Its Secretary & ANR.

Court
Supreme Court of India
Citation
2015 INSC 120 · [2015] 2 S.C.R. 415
Case number
CIVIL APPEAL No. 1912/2015
Decided
16 February 2015
Bench
VIKRAMAJIT SEN, C. NAGAPPAN (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CrPC Section 309, 167(2); Constitution Article 21

Headnote

Service Law - Suspension - Protraction of - Propriety - Held: Right to speedy trial is implicit in Art. 21 of the Constitution and also reflected in s.309 Cr.PC. A B c - Proviso to s. 167(2) Cr.P. C. has the effect of circumscribing the detention of an accused within a D period of 90 days - proviso to s.167(2) can be extrapolated to moderate suspension orders in cases of departmental disciplinary inquiries - Thus, it is directed that currency of suspension should not extend beyond three months, if within this period E charge-sheet is not served on the delinquent - If the charge-sheet

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