A single bench of the High Court of Manipur Justice A Bimol on Monday quashed and set aside the suspension order of police officer Takhellambam Bangkabihari issued in 2019 and directed to be reinstated in service.
The Manipur High Court directed the state government and the director general of police, Manipur to pay subsistence allowance due payable within a period of two months.
Takhellambam Bangkabihari was posted in the Special Investigation Team (SIT) of Manipur and he was arrested on December 11, 2018 by the Narcotics and Affairs of Border (NAB) Police Manipur for his alleged involvement in the trafficking of 2 kg brown sugar worth Rs 2.4 crore in the international market.
On receiving information of his detention in police custody under section 21(c)/29/60(3) ND&PS Act, the joint secretary (DP), government of Manipur suspended the police officer on January 28, 2019, in the exercise as per the CCS(CCA) Rules, 1965.
The Special Court (NDPS), Manipur released the police officer on bail on June 10, 2019.
As the police official was placed under suspension for about nine months, he approached the court by filing a writ petition, praying for quashing the suspension order and for directing the respondents to reinstate him in service and also to pay his accrued subsistence allowance within a stipulated period.
The High Court in its judgment order stated that the court finds that the period of suspension was extended twice for a period of 180 days from October 2, 2019, and June 9, 2020, and the last period of extension expired on December 15, 2020.
Thereafter, no steps have been taken up by the authorities for extending the period of suspension of the police officer. So, the court is constraint to hold that by operation of law as provided under Rule 10 (7) of the CCS (CCA) Rules, the impugned suspension order is no longer valid and the police official cannot be placed under suspension any longer.
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