1997 (1) TMI 568 - HC - Indian Laws

Summary

Issues Involved:
1. Legality of prolonged suspension without initiating disciplinary proceedings.
2. Justification of suspension based on criminal proceedings when initially based on contemplated disciplinary proceedings.
3. Applicability of various legal precedents regarding suspension and disciplinary proceedings.

Issue-wise Detailed Analysis:

1. Legality of Prolonged Suspension Without Initiating Disciplinary Proceedings:
The petitioner was placed under suspension on December 4, 1980, due to a contemplated disciplinary proceeding. However, no disciplinary proceeding has been initiated against him over the sixteen years of suspension. The petitioner argued that such prolonged suspension without initiating a disciplinary proceeding is illegal and arbitrary, violating Articles 14 and 21 of the Constitution of India. The court noted that Rule 20(1) of the IDPL Conduct, Discipline and Appeal Rules, 1978, allows for suspension when a disciplinary proceeding is contemplated or pending, or when a criminal case is under investigation or trial. Since no charge-sheet was issued for disciplinary proceedings, the court found the prolonged suspension unreasonable and arbitrary.

2. Justification of Suspension Based on Criminal Proceedings When Initially Based on Contemplated Disciplinary Proceedings:
The respondents argued that the suspension was justified due to the pending criminal case against the petitioner, involving serious charges of fraud and misappropriation. They cited precedents where it was deemed appropriate to stay disciplinary proceedings pending the outcome of criminal cases (Tata Oil Mills Co. Ltd. v. Workmen, AIR 1965 SC 155; Amarendranath Pan v. Union of India, Cal LT 1989(1) HC 80). However, the court distinguished these cases, noting that they involved situations where disciplinary proceedings had been initiated but stayed, unlike the present case where no charge-sheet was issued. The court held that the respondents could not justify the continuation of suspension on a different ground than initially invoked.

3. Applicability of Various Legal Precedents Regarding Suspension and Disciplinary Proceedings:
The respondents cited several cases to support their position, including:
- N.B. Sanjana v. E.S. & W. Mills (AIR 1971 SC 2039): The court ruled that this case did not apply as it involved the wrong reference to a section, whereas the present case involved a shift in the ground for suspension.
- Registrar, Co-operative Societies v. F.X. Fernando (1994(2) SCC 746): The court found this case inapplicable as it involved a delay caused by an external agency (Directorate of Vigilance and Anti-Corruption), unlike the present case.
- Bhoop Singh v. Union of India (AIR 1992 SC 1414): The court distinguished this case, noting that the petitioner challenged the prolonged suspension rather than a termination order after a long delay.
- U.P. Rajya Krishi Utpadan Mandi Parishad v. Sanjiv Rajan (1993 Supp(3) SCC 483): The court found this case inapplicable as it involved a delay in serving a charge-sheet, whereas no charge-sheet was issued in the present case.
- State of Orissa v. Bimal Kumar Mahanty (1994(4) SCC 126): The court noted that suspension should not be routine but based on the gravity of the misconduct, which was not demonstrated in the present case.
- Secretary to Government, Prohibition & Excise Department v. L. Srinivasan (1996(3) SCC 157): The court found this case inapplicable as it involved a delay in disciplinary proceedings, unlike the present case where no proceedings were initiated.
- P.L. Shah v. Union of India (1969(1) SCC 546): The court ruled this case inapplicable as it involved the adequacy of subsistence allowance, which was not the primary issue in the present case.

Conclusion:
The court concluded that the continuation of the petitioner's suspension for sixteen years without initiating disciplinary proceedings was arbitrary and unreasonable. The respondents were directed to allow the petitioner to resume his duties within four weeks and to decide on the payment of salary for the suspension period after a personal hearing with the petitioner. The request for a stay of the judgment was rejected.