PRAKASH SINGH CHANDEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner aggrieved by the order dated 25-8-2010 (Annexure P-l) whereby the petitioner has been placed under suspension on the ground that the petitioner has not complied with the transfer order.

(2.) Be that as it may, without going into the facts of the case, where there is compliance of the order or not, the question involved in the case as to whether suspension can be ordered by way of punishment under provisions of Rule 9 (1) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short "the Rules, 1966"). Indisputably, there is no other provision except Rule 9 of the Rule, 1966, which provides for placing an employee under suspension. There are only two conditions where an employee can be placed under suspension. Rule 9 (1) of the Rule, 1966 provides for suspension in following cases :-

(3.) On query, whether a criminal case is pending or any criminal offence has been filed or any other Departmental Enquiry was contemplated or pending consideration, Shri Sridhar, learned Panel Lawyer appearing for the State submits that no enquiry was contemplated against the petitioner.