In a significant order, the Central Administrative Tribunal (CAT) has ruled that suspension of a government employee is not a punishment as it is neither punitive nor stigmatic in nature. The tribunal stated that suspension is generally done to facilitate a fair inquiry into allegations against the employee.
The order was passed by Rajinder Singh Dogra, a member of the CAT, in a petition filed by Dr. Vikas Gupta, challenging his suspension order issued by the Jammu and Kashmir government on April 18, 2024. Gupta, who was serving as the Incharge Assistant Project Officer in the Directorate of Sheep Husbandry, Kashmir, with additional charge of Joint Director (Farms), sought to quash the suspension order and reinstatement to his duties.
The CAT observed that in normal circumstances, courts do not interfere with suspension orders unless they are passed by an incompetent authority or in violation of relevant rules. In Gupta’s case, the suspension order was followed by a charge sheet issued on April 29, 2024, leveling serious allegations of causing loss to the exchequer.
While Gupta argued that the suspension order was vindictive, the CAT held that the timing of the order, though intriguing, was not a sufficient ground to stay the suspension. The tribunal stated that interfering with the suspension order, when a charge sheet has also been issued, would prevent the respondents from discharging their obligation to proceed in accordance with the law. The CAT emphasized that suspension is not a punishment and is generally done to facilitate a fair inquiry. Accordingly, the tribunal rejected Gupta’s prayer for interim relief against the suspension order, allowing the government to proceed with the inquiry process.
