Observing that "protracted period of suspension of delinquent government employee has become a norm", a bench of Justices Vikramajit Sen and C Nagappan said suspension, specially preceding formulation of charges, was essentially transitory or temporary in nature and must be of short duration.
"If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature," it said.
"His torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination, that is to determine his innocence or iniquity.
"Much too often this has now become an accompaniment to retirement. Indubitably the sophist will nimbly counter that our Constitution does not explicitly guarantee either the right to a speedy trial even to the incarcerated, or assume the presumption of innocence to the accused," the bench said.
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The apex court's judgement came on a petition by defence estate officer Ajay Kumar Choudhary, who was suspended in 2011 for allegedly issuing wrong no-objection certificates for the use of approximately four acres of land in Kashmir.
Based on the findings given in the verdict, it said the officer can challenge his continued suspension.
"However, if the Appellant is so advised he may challenge his continued suspension in any manner known to law, and this action of the Respondents will be subject to judicial review," the bench said.