The Central Administrative Tribunal bench here has ordered revocation of the suspension of senior IPS officer Pramod Kumar, noting that a criminal case filed by CBI against him in a forex scam had been closed last year after the Supreme Court set aside the proceedings.
A bench comprising judicial member G Rajasuriya and Administrative Member R Ramanujam revoked the May 2, 2012 order suspending the officer in connection with Paazee forex scam handled by him during his earlier tenure as the Inspector General of Police (West zone) based in Coimbatore.
The scam related to alleged cheating of thousands of investors to the tune of Rs 800 crore by Paazee Forex Trading India Private Limited in 2009. Pramod Kumar was included in the case as an accused by CBI during investigations.
The bench noted that the Supreme Court had set aside the proceedings against the officer following which the trial court had passed a separate order in October, 2015 closing the case.
Observing that the investigation in the scam admittedly was dormant, the bench in its August 9 last order on a petition by the officer ruled that further continuance of Kumar's suspension was 'unwarranted'.
"...Accordingly we revoke the order extending his suspension. We direct the authority concerned to reinstate him in any of the non-sensitive post," it said.
Kumar's batchmates have become Additional Directors General of police (ADGPs) with effect from February 25, 2014, and he too has sought promotion with all consequential benefits.
The officer was IG of armed police in Coimbatore at the time of his suspension, which had been extended nine times since then. Since his suspension was not revoked despite the case against him being closed, he had moved the CAT to declare the action against him as null and void.
The CAT bench said an official should not be kept under suspension unnecessarily for a long period as that would be counter-productive.
"Without extracting any work from him if his suspension is prolonged and he is paid subsistence allowance, then that would be an unnecessary burden on the exchequer. It would also cause unnecessary mental agony to the individual if suspension is unduly prolonged pending departmental proceedings or pending criminal investigation or trial," the bench said.
Revoking the suspension, it said the officer could file a representation for withdrawal of the chargesheet issued by the state government before the appropriate authority who should pass a detailed order on it within eight weeks.
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