R K GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, R. K. Gupta, challenges the order dated August 21, 1969 passed by the President of India placing him under suspension with immediate effect from the aforesaid date. The order has placed a further resctriction on the petitioner by prohibiting him from leaving New Delhi which has been specified as his headquarters without the previous permission of Mr. K. Rajaram who has signed the order as the Deputy Secretary to the Government of India in. the Ministry of Industrial Development, Internal Trade and Company Affairs (Department of Industrial Development).

(2.) The petitioner was functioning, at the time of his suspension, as a Development Officer in the Directorate General of Technical Development. At the relevant time the Director Genral of Technical Development was Dr. B. D. Kalelkar. The Union of India; the aforesaid Mr. K. Raja Ram and Dr. B. D. Kalelkar are respondents Nos. 1 to 3, respectively.

(3.) The order of suspension is challenged on the ground that it was passed mala fide, the allegations of mala fide being mainly against respondent No. 3, and on the ground that it was not authorised by rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. It may be stated that according to the counter affidavit filed by respondent No. 2, the aforesaid order was passed under clause (b) of sub-rule (1) of rule 10 of the said Rules. The order is in these terms :-