STATE OF HARYANA Vs. HARI RAM YADAV

JUDGEMENT

(1.) This appeal is directed against the order dated October 12, 1992 passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'the Tribunal'). The question that arises for consideration is whether the order dated November 25, 1991, whereby Hari Ram Yadav, respondent No. 1, was placed under suspension during the pendency of disciplinary proceeding initiated against him, has been 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 No. 1 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 No.1 was placed under suspension. Respondent No. 1 filed a petition (O.A. No. 1573/CH/91) under S. 19 of the Administrative Tribunals Act, 1985 which has been allowed by the tribunal by order dated October 12, 1992, and the said order of suspension has been quashed.

(3.) The impugned order of suspension reads as under: