STATE OF ORISSA Vs. BAIDHAR SAHU

JUDGEMENT

(1.) The short question that arises for consideration in this case is whether the Collector of a District has the power to suspend the Stipendiary Engineer appointed by the State Government and working in connection with the affairs of the community development.

(2.) The respondent is a Stipendiary Engineer and at the relevant time was posted at Daspantapur Block in the District of Koraput, Orissa. It appears that since disciplinary proceedings were in contemplation against the respondent and, therefore, the Collector of Koraput by an order dated 8th April, 1996 suspended the respondent. The respondent challenged the aforesaid order of suspension before the Orissa Administrative Tribunal on the ground that the Collector had no authority to suspend him in contemplation of the departmental inquiry against him. The Tribunal, on filing of the original application, without issuing notice to the appellants, allowed the said application holding that the Collector had no power to suspend the respondent. It is against the said judgment the appellants are in appeal before us.

(3.) Despite service of notice, the respondent has not put in appearance in this case. We, therefore, proceed to decide the matter in his absence.