S GOVINDA MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal from the order of Vaidialingam J., dismissing O. P. No. 485 of 1963 filed by the appellant for quashing an order, Ext. P. 11, dated 8 3 1963 placing him under suspension. The appellant, a member of the Indian Administrative Service, was the First Member of the Board of Revenue at the time he was suspended. The validity of the order of suspension was challenged on a question of jurisdiction, viz., that under the All India Services (Discipline and Appeal) Rules, 1955, an order of suspension could not be passed by the Government under R.7 before charges were framed against the officer in disciplinary proceedings against him. It was held that the word 'charges' in R.7 meant, not the charges framed against the officer in respect of which he had to answer in an inquiry in respect of the same but the allegations of misconduct against him. It was further held that disciplinary proceedings commenced when allegations of misconduct were received by the Government and investigation of the same started. The petition was accordingly dismissed.

(2.) Before considering the points raised in appeal it is necessary to state that on the submission made by petitioner's counsel, the learned Judge passed an order on C. M. P. No. 1685 of 1963 that arguments on the original petition would be restricted to the question of jurisdiction and that the State need not answer questions of fact raised in the petitioner's affidavit.

(3.) The impugned order, Ext. P. 11, reads as follows: