MOTI LAL Vs. DEPUTY DIRECTOR PLANT PROTECTION MAHANAGAR

JUDGEMENT

(1.) A short question 'which is involved inf this writ petition is as to whether the suspension order having merged in the dismissal order and no subsequent order of suspension having been passed to place the petitioner again on suspension with effect from the date of order of dismissal it Is open to the opposite party to treat the petitioner under suspension and reduce the payment to 1/4th of his salary.

(2.) THE facts giving rise to this petition are that the petitioner was charged with an offence involving embezzlement of Rs. 37/00/- and on 17-6- 1969 a FIR was lodged against the petitioner. THE police during the investigation found that one Sri P. L. Cnaturvedi who was then working on the post of Deputy Director was also involved in the offence of the said embezzlement, f he police took cognizance of the offence and charge sheet was submitted against the petitioner as well as Sri P. L. Chaturvedi. THE petitioner as well as Sri Chaturvedi are standing trial for the said offence of embezzlement. Lateron a departmental enquiry was contemplated against the petitioner alone.

(3.) RULE 49A of Classification, Control and Appeal RULEs, 1930, reads as under :