(1.) The question arising in this appeal under certificate granted by the High Court of Punjab is whether an order of suspension passed against a Government servant takes effect when it is made or when it is actually served on and received by him.
(2.) The respondent was appointed as a Sub-Inspector Co-operative Societies, in 1925 in the service of the State of Punjab. He was promoted to the post of Inspector and was confirmed thereon in 1939. In 1952 he was approved for promotion to the post of Assistant Registrar and officiated thereafter as such in short term vacancies from March to November, 1953. While he was serving as the Inspector, he applied for the post of Assistant Registrar in Himachal Pradesh, and on a reference by that Government, his services were lent to Himachal Pradesh Government for appointment as the Assistant Registrar. While he was so serving there, he was charge-sheeted on August 9, 1955, by the Registrar, Co-operative Societies, Punjab in connection with certain matters which occurred in 1950 while he was working under the Punjab Government. Those proceedings, however, were kept in abeyance as the police in the meantime started investigations in those matters.
(3.) In 1958, the Punjab Government decided to take disciplinary action against the respondent and informed the Himachal Pradesh Government of it on July 17, 1958. On July 16, 1958; however, the Himachal Pradesh Government had granted to the respondent 19 days' leave preparatory to retirement, which was to take place on August 4, 1958. On being so informed, the Punjab Government that it had no authority to grant such leave and requested that Government to cancel it and direct the respondent to revert to the Punjab Government immediately.