(1.) Petitioner claims to be an Accountant working in Agriculture Department of Government of U.P. A first information report was lodged on June 14, 1992, implicating the petitioner in a murder case, in connection with which he surrendered before the Chief Judicial Magistrate on June 18, 1992 and was sent to jail., as his bail application was rejected by learned Chief judicial Magistrate, ultimately he was released on bail by this Court on August 13, 1992. Petitioner, as such, remained in the custody in connection with the aforesaid criminal case from June 18, 1992 to August 25, 1992, on which date he was released in pursuance of the order of bail dated August 13, 1992, passed by this Court. Petitioner is said to have joined his duties in the Department on August 26, 1992. It has been stated that the Plant Protection Officer permitted the petitioner to join his duties on August 26, 1992, on which date the said officer submitted report to the Director of Agriculture for necessary order in connection with the working of the petitioner in the Department, after his release on bail. The Director of Agriculture, vide order dated October 8, 1992, passed an order of suspension against the petitioner on the ground that he has been in custody for more than 48 hours. It is against this order that this writ petition has been filed.
(2.) I have heard the learned counsel for the petitioner and learned Standing Counsel.
(3.) The contention of the learned counsel for the petitioner is that the petitioner could be suspended under Rule 49-A (2) of U.P. Civil Services (Classification, Control and Appeal) Rules, for the period during which he was in custody and it is not open to the respondent to suspend him after he was released on bail and has been permitted to work in the Department for about two months. Learned Standing Counsel has opposed the above submission. Rule 49-A(2), which provides for suspension of a Government servant in the case of his detention or conviction, being relevant, is reproduced below; "49-A (2): A Government servant shall be deemed to have been placed or, as the case may be, continued to be placed under suspension by an order of the appointing authority; (a) with effect from the date of his detention if he is detained in custody, whether the detention is on the criminal charge or otherwise, for a period exceeding forty-eight hours; and (b) with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed consequent to such conviction. Explanation:- The period of forty-eight hours referred to in Clause (b) of this rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account"