M KALAIVANAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) ACTG. C.J. The petitioner has challenged the order of suspension dated 23-9-96 as well as the subsequent order dated 26-8-97 passed by the first respondent.

(2.) IT is alleged that the petitioner had favoured two companies while opening the sealed tenders on 15th and 16th October, 1994. Petitioner was suspended on 23-9-1996 invoking Rule 3(3) of the All India Services (Discipline and Appeal) Rules, 1969. IT is also alleged that the petitioner's representation was not considered.

(3.) LEARNED counsel for the respondents, reiterating the averments made in the counter-affidavit, submits that the investigation is going on and the suspension is bona fide. It is also submitted that it is not a case of disciplinary enquiry. LEARNED counsel further submits that the investigation pertaining to RC 15(A)/96-MAS has been completed and the case in RC 48(A)/96-MAS, though was registered in the year 1996, has not yet been completed and the matter is still pending with C.B.I. It is further submitted that the amendment vide notification, mentioned above, cannot be attracted to this case, as the said notification came into effect only in July, 1998 whereas the order of suspension is of prior date. In such circumstances, it is prayed that no interference is called for.