MUNDEVADI V R Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner, Mundevadi was an Assistant Engineer in the State of Bombay before he wa allotted to the new State of Mysore under the provisions of the States Reorganization Act. On 30 September 1957, when the Mysore State Electricity Board, which will hereafter be referred to in this judgment as the Board, was constituted under the provisions of the Electricity Supply Act, 1948; he became an employee of that Board, and, as declared by Government by their notification of 20/23 September, 1957, he ceased to be a Government servant with effect that date.

(2.) But, on 3 March 1966, the Board transferred the petitioner as an Executive Engineer of the Public Works Department of the State, and, by an order made by Government which appeared in the gazette of 10 March 1966, he was posted as such Executive Engineer. He took charge of that post and continued in it until 10 July 1968, when Government placed him under suspension. That order of suspension was also published in the gazette, and, the petitioner asks us to quash the order of suspension and its publication in the gazette. In an application which the petitioner subsequently presented, he asks us also to declare rules 2(d) and 16 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, which will be referred to as the C.C.A. Rules, as invalid. We shall refer to the provisions of those rules at the appropriate stage.

(3.) The main ground on which the impugned order of suspension is impeached is that since the petitioner was an employee of the Board and not of Government, there was no power in Government to suspend him.