9911796707
TMI Blog1994 (1) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... passed in accordance with the provisions of Rule 3(1) of the All India Services (Discipline and Appeal) Rules, 1969 (hereinafter referred to as 'the Rules'). 2.Respondent I is a member of the Indian Forest Service and belongs to Haryana State cadre of the said service. Disciplinary proceedings were initiated against him on the basis of charge-sheet dated April 29, 1990. During the pendency of the said disciplinary proceedings another chargesheet dated November 25, 1991 was issued. On the same day, i.e., November 25, 1991, an order was passed whereby Respondent I was placed under suspension. Respondent I filed a petition [OA No. 1573/CH/91] under Section 19 of the Administrative Tribunals Act, 1985 which has been allowed by the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd its misuse. 4. Rule 3(1) of the Rules is in the following terms PART II - SUSPENSION 3.Suspension.- (1) If, having regard to the circumstances in any case and, where articles of charge have been drawn up, the nature of the charges, Government of a State or the Central Government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the Service, against whom disciplinary proceedingsare contemplated or are pending, that Government may- (a) If the member of the Service is serving under that Government, pass an order placing him under suspension, or (b)if the member of the Service is serving under another Government request that Government to place him under suspension, pend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent 1 has, however, been accepted by the tribunal and in view of the acceptance of the said contention, the tribunal did not consider necessary to deal with the third contention. 7.Dealing with the second contention, the tribunal has observed that under Rule 3(1) an order of suspension of a member of the All India Services can be made only if the following ingredients are satisfied : (i) That the disciplinary proceedings are either contemplated or are pending;and (ii) The Central Government or the State Government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the service. 8.From the order of the tribunal it appears that the learned counsel for Respondent I had conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een fulfilled in the order raises a presumption about the fulfilment of the said condition, and the burden is on the person who challenges the validity of the order to show that the said condition was not fulfilled. In a case, where the order does not contain a recital about the condition being fulfilled, the burden to prove that the condition was fulfilled would be on the authority passing the order if the validity of the order is challenged on the ground that the said condition is not fulfilled. Reference, in this context, may be made to the decision of this Court in Swadeshi Cotton Mills Co. Ltd. v. State of U.P.1 wherein it has been observed : (SCR pp. 432 and 434) The validity of the order therefore does not depend upon the recital of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore it is necessary that there must be a recital on the face of the order in such a case before it can be held to be legal. The presumption as to the regularity of public acts would apply in such a case; but as soon as the order is challenged and it is said that it was passed without the conditions precedent being satisfied the burden would be on the authority to satisfy by other means (in the absence of recital in the order itself) that the conditions precedent had been complied with. 11.We have gone through the petition filed by Respondent I before the tribunal which is on record as Annexure R-6/A to the Affidavit-in-opposition of Respondent 1. In the said petition, Respondent I has concentrated his attack on the allegations/cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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