VARADHA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of Writ Petition No.7948 of 1976 filed by the appellant challenging therein an order dated 10-9-1976 annexed to the petition as Ex.B, whereby the Govt had ordered the continuance of the suspension of the appellant for a further period of three months or till the date of the completion of the enquiry whichever event occurred first.

(2.) In order to appreciate the import of the challenge to the impugned order, a few relevant facts which are not in dispute may be noticed. These can be stated thus: The appellant, a Labour Inspector, was suspended.by the Labour Commr pending enquiry against him by his order dated 2-7-75. On the very day, the Labour Commr sanctioned subsistence allowance to the appellant by order Ex.D. The Govt on being apprised by the Labour Commr that the enquiry initiated by him against the appellant was unlikely to be completed before the expiry of six months from the date of suspension, it passed an order Ex.E on 28-1-1976 extending the period of suspension of the appellant for a further period of six months or till the date of completion of the enquiry whichever happened earlier and also sanctioned subsistence allowance by the very order at a scale mentioned therein. The Govt on again being informed by the Labour Commr about the factum of the enquiry not likely to be completed by the date of the expiry of the extended period of suspension, passed another order on 2-7-1976 (Ex.A), whereby it extended the period of suspension by another two months or till the date of completion of the enquiry whichever happened earlier, and, by the same order, also sanctioned payment of subsistence allowance at a scale mentioned therein. When the Govt was again informed by the Labour Commr that the enquiry against the appellant was unlikely to be completed before the expiry of the extended period of suspension, it passed the impugned order dated 10-9-1976 according sanction to the continuance of the period of suspension for a further period of three months or till the completion of the enquiry whichever event occurred first.

(3.) The appellant challenged this latest order of the Govt on the ground that it amounted to an order suspending him with retrospective effect from 1-9-197C, the date on which the operation of the order dated 2-7-1976, came to an end. His contention did not find favour with the learned single Judge, who, relying on the ratio of a Division Bench decision of this Court, in M. Subba Rao v. The Assist Commr, (1963) 1 MysLJ. 434. held that the original order of suspension dated 2-7-1975 continued to enure.