SAVITUR PRASAD Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The present appeal assails the order dated 23.11.2017, whereby, Writ Petition (C) No.10404/2017 titled as "Shri Savitur Prasad vs. Union of India"; under Article 226 of the Constitution, instituted by the appellant, came to be dismissed by a learned Single Judge of this Court with a finding that the subject matter thereof came squarely within the jurisdiction of the Central Administrative Tribunal.

(2.) Mr Chaudhary, learned counsel appearing on behalf of the appellant, has invited our attention to an order dated 21.11.2017; purportedly issued in the name of the President of India, placing the appellant under suspension with immediate effect. It would be relevant to observe that the said Presidential order dated 21.11.2017 records that a case against the appellant, in respect of a criminal offence is under investigation and a departmental case is also contemplated. It further records that the Hon'ble President of India has placed the appellant under suspension, in exercise of the powers conferred by sub-rule (1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(3.) It is the submission of Mr Chaudhary that the said suspension order is without jurisdiction, inasmuch as, it is not authored by a Member of the Cabinet Committee of Appointments or any other competent authority, and that in view thereof, the present proceedings under Article 226 of the Constitution of India are maintainable as observed in the following decisions:-