SUBBA RAO M Vs. ASSISTANT COMMISSIONER AND

JUDGEMENT

(1.) The petitioner is a shanbhogue in the district of South Kanara, and by an order made by the Assistant commissioner on 1 February, 1961 he was placed under suspension pending completion of a disciplinary proceeding which has contemplated against him. Until 18 August, 1961 that disciplinary proceeding was not commenced with the result that the petitioner issued a notice to the Assistant Commissioner on that date demanding reinstatement. That demand having been not complied with, this application has been presented to us in which the petitioner seek a mandamus to the Assistant Commissioner directing his reinstatement.

(2.) Mr. Hegde complains before us that although the order of suspension was made as long ago as on 1 February, 1961 no charge has been framed against the petitioner until today with the result that no disciplinary proceeding against him has yet commenced. His next submission was that under the provisions of rule 10(6) of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, the order of suspension made by the Assistant Commissioner spent itself on 1 August, 1961 entitling the petitioner to be reinstated in his post with effect from that date.

(3.) The Government Pleader's answer to the second submission made by Mr. Hegde was, firstly that the provisions of the Mysore Civil Service (Classification, Control and Appeal) Rules were inapplicable to the disciplinary proceeding which the Assistant Commissioner intended to commence against the petitioner, since as stated in rule 3(1)(d) of those rules they were inapplicable to persons for whose appointment and other matters covered by the rules, special provision has been made by or under some other law. The argument advanced before us by the Government Pleader was that provision for the appointment of the petitioner and for other matters covered by the Mysore Civil Services (Classification, Control and Appeal) Rules, had been made by the standing orders of the Madras Board of Revenue by which the petitioner was still governed, and that the Mysore Civil Service) Classification, Control and Appeal) Rules were therefore inapplicable to the petitioner.