ARVIND GEDAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition is directed against the order of suspension passed by respondent No.1 by which the petitioner has been placed under suspension in exercise of jurisdiction under Rule 9 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short, 'the Rules of 1966').

(2.) Learned counsel for the petitioner would submit that the impugned order is wholly arbitrary, illegal and is liable to be set aside as under Rule 9 of the Rules of 1966, a Government servant can be placed under suspension where a disciplinary proceeding against him is contemplated or is pending under Rule 9(1)(a), or where a case against him in respect of any criminal offence is under investigation, inquiry or trial under Rule 9(1)(b). But in the instant case, neither there is disciplinary proceeding contemplated nor is pending against the petitioner and it is also not the case that any criminal offence is under investigation, inquiry or trial against the petitioner, therefore, the suspension is bad. He would rely upon the decision of the Supreme Court in the matter of Radha Krishan Industries v. State of Himachal Pradesh and others; 2021 6 SCC 771 (paragraph 24) to buttress his submission.

(3.) I have heard learned counsel for the petitioner on the question of admission and gone through the record with utmost circumspection.