B C S BALINGA Vs. NATIONAL HOUSING BANK

JUDGEMENT

(1.) In Writ petition No. 6666/98 the petitioner has challenged the proceedings dated 4.12.1998 assigning some work to the petitioner. The petitioner has also challenged the charge-sheet issued by the respondent on 16.9.1998.

(2.) In Writ petition No. 247/99 the petitioner has challenged the order of suspension dated 23.12.1998. The petitioner has also challenged charge-sheet dated 7.1.1999.

(3.) Heard the learned counsel for the petitioner Mr. A,K. Matta. In view of the facts and circumstances of two cases and in the interest of justice I am of the view that I should not go into the rival contentions of the parties at this stage. Mr. Matta in challenging the order dated 23.12.1998 referred to the judgment of the Supreme Court in State of Orissa through its Principal Secretary, Home Dept. vs. Bimal Kumar Mohanty, JT 1994 2 SC 51 and relied upon paragraph 13 therein. The right of an employer to suspend an employee is inherent in the contract of employment subject to the rules in this behalf. The point was considered by the Supreme Court in several cases. As the learned counsel for the petitioner Mr. Matta placed reliance on paragraph 13 of the judgment above referred to it has become necessary to give a brief survey of the decisions of the Supreme Court on this point.