MAHENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is from an order of the central Administrative tribunal, New Delhi and concerns with the scope of Rule 10 (4 of the central Civil Services (CCA) Rules, 1965 ('the Rules').

(2.) The facts leading to the appeal are these: The appellant was a cash clerk in the establishment of Delhi Milk Scheme, New Delhi. There was some criminal case connected with the forgery of a cheque in which the appellant was arrayed as an accused. Pending investigation of the criminal case, he was placed under suspension. The order of suspension was made on 27/03/1976 under Rule 10 (2 of the Rules. On 10/01/1978 his services were terminated under Rule 5 (1 of the central Civil Services (Temporary Service) Rules, 1965. On 7/03/1980 the appellant was acquitted in the criminal case. On 5/01/1981 the appellant filed a civil suit in the District court, New Delhi, challenging the order of termination of his services. The suit was transferred to the central Administrative tribunal for disposal. The tribunal has, by its judgment dated 5/09/1988 set aside the termination order with the following conditions :

(3.) Pursuant to the decision of the tribunal the management made an order dated 10/11/1988 under Rule 10 (4 of the Rules placing the petitioner under suspension w. e. f. 10/01/1978. The appellant shall be deemed to have been suspended from the date of the original order of termination. The management also directed that there should be further enquiry against the appellant. The relevant portion of the order dated 10/11/1988 reads: