STATE OF MAHARASHTRA Vs. JAWAHAR SINGH

JUDGEMENT

(1.) This writ petition which has been filed on behalf of the State of Maharashtra and other petitioners is directed against the order dated 26.4.2012 in OA No.3874/2011 by the Central Administrative Tribunal, Principal Bench, New Delhi. The petitioners are aggrieved by the fact that the Tribunal allowed the original application of the respondent no.1 (Jawahar Singh) whereby he had challenged the suspension order.

(2.) The respondent No.1 had invoked the provisions of Rule 3(1B) of the All India Services (Discipline and Appeal) Rules, 1969, which reads as under:-

(3.) The respondent No.1, who was with the Indian Police Service and from the Maharashtra Cadre was posted as Inspector General (Prisons), Central Region, Aurangabad. Disciplinary proceedings had been initiated against the respondent No.1 concerning inter alia the charge that he had unauthorizedly shifted 21 convicts from Nasik Jail to Aurangabad Central Prison and also that he held a press conference contrary to the directions given by the higher authorities. In this matter we are however, not concerned with the charge memo of the disciplinary proceedings which are pending against him nor are we concerned with the original application being OA No.3626/2011, which is pending before the Tribunal, in which the respondent No.1 has challenged the memorandum of charges dated 06.06.2011. The present case is only concerned with the suspension order which had been served upon the respondent No.1 in view of the fact that the departmental proceedings had been initiated. The respondent No.1 had been suspended w.e.f. 25.04.2011.