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TMI Blog1985 (2) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents in both the appeals. BALAKRISHNA ERADI J. In these two appeals filed by Special leave against two judgments of the Orissa High Court, the question raised is identical namely, whether an order of suspension from service passed against a Government servant falls within the scope and purview of Art. 31] of the Constitution. The judgment appealed against in Civil Appeal No. 201 of 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that it was made in contravention of Art. 311 of the Constitution as well as rule 12 of the Orissa Civil Services (Classification Control and Appeal) Rules, 1962 (hereinafter called the' Rules'). The High Court by its impugned judgment allowed the Writ Petition and quashed the order of suspension holding the same to be in contravention of Art. 311 (1) of the Constitution. The High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court. Clause (l) of Art. 311 will get attracted Only when a person who is a member of Civil Service of the Union of an All India Service or a Civil Service of a State or one who holds a civil post under the Union or a State is 'dismissed or 'removed' from service. The provisions of the said clause have DO application whatever to a situation where a Government servant has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the District Forest Officer was constituted the appointing authority in respect of Foresters with effect from 7.5.1962. It is therefore clear that on the date on which the impugned order of suspension was passed-26.2.1969, the District Forest Officer under whom the respondent was working in the Ghumsur North Division was fully competent to pass the impugned order of suspension. Hence the High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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