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Challenge to suspension orders should be analysed on facts of each case: Full Bench of Madras High Court

With this, it was clarified that in certain cases where chargesheets were not filed within three months, an order of revocation with a direction to post delinquents to a non-sensitive post could have serious repercussions. Therefore, each case must be tested on its facts, the Court said.

For instance, when an employee makes an allegation of rape against a co-employee, followed by registration of criminal case, then merely for the reason that charge-sheet could not be submitted within three months if the order of suspension is revoked with a direction to post the employee in a non-sensitive post, it may have serious repercussions.”

Source: Barandbench

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