Central Administrative Tribunal
Dr Vivek Kumar vs Petroleum and Explosives Safety Organization on 26 October 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI Order Sheet Item no.: 16 O.A./443/2026 (MUMBAI) [ SUSPENSION ] Court No.: 2 No of Adjournment: 7 Order Dated: 26/10/2026 DR VIVEK KUMAR Vs PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION
For Applicant(s) Advocate : Shri V.A. Nagrani For Respondent(s) Advocate : Ms. Sharanya Sinha , Shri Rupesh Dubey Order of The Tribunal During the course of hearing on 13.10.2026, Shri Nagrani submitted a copy of GSR 156 dated 19.10.2022 wherein it was provided in proviso of Rule 2 that the total period of suspension or deemed suspension, including any extended period shall not exceed (a) two hundred seventy days from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (a) of sub-rule(1); or (b) two years from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (aa) or clause (b) of sub-rule (1) as the case may be. Therefore following order was passed: "3. Faced with the above documents, learned counsel for the respondents submits that she should be given time to take instructions from the respondents as these documents are not part of the pleadings and, therefore, they should not be admitted unless she takes instructions from the respondents.
2. Today, learned counsel for the respondents makes a statement at the Bar that she has been instructed by the respondents to submit that as per Rule in para 6 on page 59 submitted on 29.07.2026, it has been clarified that statutory amendment dated 19.10.2022 to Rule 10(7) of the CCS(CCA) Rules, 1965 does not create an absolute bar on continuation of suspension beyond two years. She submits that the reply given in para 6 may be treated as instructions from the respondents. The same provision is not mandatory but only discriminatory. Learned counsel for the respondents submitted that before extending the suspension, the same has been reviewed by the Review Committee.
3. Arguments of learned counsel for both the sides are heard and concluded.
4. Reserved for orders.
Mr. Shri Krishna Member (A) Ma Alphanso ( )