GORELAL THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Whether a government employee, whose service has been lent by the Lending Department to a Borrowing Department on deputation, can be placed under suspension, if circumstances so warrant, only by the Borrowing Department or whether the power could be exercised by the Parent Department, is the question mooted in this appeal.

(2.) The appeal arises from the judgment dtd. 20/8/2019 passed by the learned Single Judge in WPS No. 6251 of 2019, whereby the challenge raised by the writ Petitioner/Appellant to the effect that Annexure P/1 order of suspension was bad in all respects, insofar as the power was exclusively conferred upon the Borrowing Authority and not on the Lending Authority was repelled. It was held that the power under Rule 20 of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (in short 'the Rules, 1966') was only an 'enabling provision' and that it does not say anything with regard to the absence of power of the Lending Authority/Appointing Authority. This made the Writ Petitioner to feel aggrieved, who is before this Court challenging the correctness and sustainability of the verdict passed by the learned Single Judge.

(3.) We heard Shri Prafull N. Bharat, the learned counsel appearing for the Appellant, Shri Gagan Tiwari, the Deputy Government Advocate representing the State and Shri Ashish Shrivastava, the learned counsel representing the Respondent No.2/Chhattisgarh Tourism Board (the Lending Authority/ Appointing Authority).