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TMI Blog1994 (2) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... ted out similar objections. The appointing authority considered the record and found necessary to take disciplinary proceedings for those financial irregularities and misappropriation committed during that period and action was in contemplation against the respondent. On March 17, 1993 they passed an order directing an inquiry into the irregularities and also decided to keep him under suspension pending further action. Anticipating this action, the respondent attempted to pre-empt it and laid O.A. No. 396 of 1993 in the State Administrative Tribunal, Bhubneswar and prayed to quash Government memorandums dated January 14, 1993 and February 11, 1993 and also filed an application for ad interim injunction. Hardly the ink on the order of suspension dried on the paper, the Tribunal on the same day, namely March 17, 1993 directed not to suspend the respondent and also directed the standing counsel to obtain instructions of the need to suspend the respondent. Subsequently, the appellant received information that the respondent was in possession of disproportionate assets to the known lawful sources and directed the vigilance to conduct an investigation. On September 3, 1993, the vigilance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or matters were disposed of. On the other hand the Tribunal appears to have found fault with the action taken by the appellant. On the facts and circumstances, the appointing authority is justified in suspending the respondent pending contemplated disciplinary proceedings as well as investigation by the vigilance department. Shri R.K. Garg, learned senior counsel appearing for the respondent, has contended that the Tribunal has discretionary power to pass suspension of the suspension orders; when the Tribunal had entertained the application and directed the authorities not to take any action except with the leave of the Tribunal, which was not obtained before passing of the suspension order on September 28, 1993. The matters are pending consideration by the Tribunal. This Court would permit the Tribunal to exercise its discretionary powers and would not interdict the exercise of such discretionary powers while exercising the power under Article 136. On the given facts, it is not a fit case warranting interference of this Court. 5. We have given our anxious and serious consideration to the respective contentions. True, normally, this Court would not interdict the exercise of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eventually result in a departmental inquiry against him. 8. This Court reiterated the above view in Balvantrai Ratilal Patel v. State of Maharashtra2 thus : The general principle is that an employer can suspend an employee pending an inquiry into his misconduct and the only question that can arise in such suspension will relate to payment during the period of such suspension. It is now well settled that the power to suspend, in the sense of a right to forbid a servant to work, is not an implied term in an ordinary contract between master and servant, and that such a power can only be the creature either of a statute governing the contract, or of an express term in the contract itself. Ordinarily, therefore, the absence of such power either as an express term in the contract or in the rules framed under some statute would mean that the master would have no power to suspend a workman and even if he does so in the sense that he forbids the employee to work, he will have to pay wages during the 1 (1964)5SCR431:AIR1964SC787 2 (1968) 2 SCR 577: AIR 1968 SC 800 period of suspension. Where, however, there is power to suspend either in the contract of employment or in the statute or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s v. Tarak Nath Ghosh4 held : Serious allegations of corruption and malpractices had been made against the respondent, a member of the Indian Police Service, serving in the State of Bihar. Inquiries made by the State Government revealed that there was a prima facie case made out against him. He was suspended by an order which stated that discriplinary proceedings were contemplated against the respondent. On the question whether the suspension of a member of the service can only be ordered after definite charges have been communicated to him in terms of Rule 5(2) of the All India Services (Discipline and Appeal) Rules, 1955, or whether the Government is entitled to place him under suspension even before that stage has been reached after apreliminaryinvestigation. Held:(1) The fact that in other rules of service there is specific provisionfor an order of suspension even when disciplinary proceedings were contemplated, does not mean that a member of the All India Service should be dealt with differently. It would not be proper to interpret the Rules, which form a self-contained Code, by reference to the provisions of other rules even if they were made by or under the authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as an administrative routine or an automatic order to suspend an employee. It should be on consideration of the gravity of the alleged misconduct or the nature of the allegations imputed to the delinquent employee. The Court or the Tribunal must consider each case on its own facts and no general law could be laid down in that behalf. Suspension is not a punishment but is only one of forbidding or disabling an employee to discharge the duties of office or post held by him. In other words it is to refrain him to avail further opportunity to perpetrate the alleged misconduct or to remove the impression among the members of service that dereliction of duty would pay fruits and the offending employee could get away even pending inquiry without any impediment or to prevent an opportunity to the delinquent officer to scuttle the inquiry or investigation or to win over the witnesses or the delinquent having had the opportunity in office to impede the progress of the investigation or inquiry etc. But as stated earlier, each case must be considered depending on the nature of the allegations, gravity of the situation and the indelible impact it creates on the service for the continuance of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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