HARI SHANKAR MISRA Vs. STATE OF U P

JUDGEMENT

(1.) THE intra-Court appeal has been preferred against the judgment of the Hon'ble single Judge dated 2-2- 2007 dismissing the appellant's writ petition challenging the order of suspension.

(2.) SRI D. S. SRIvastava, learned Counsel for the appellant submitted that the order of suspension has been passed without there being any departmental proceedings pending against the appellant nor it appears from the suspension order that the same is under contemplation. He drew our attention to the order of suspension impugned in the writ petition dated 22-1-2007, a copy whereof is enclosed as Annexure-3 to the affidavit filed in support of the stay application.

(3.) FROM a perusal of the aforesaid provisions it is apparent that a Government servant can only be placed under suspension where his conduct is subject-matter of inquiry or an inquiry in respect of that misconduct is under contemplation. In other words, the order of suspension can be passed either in pending departmental proceeding or where such proceeding is under contemplation, Thus, the order of suspension must disclose that as to whether the Government servant is placed under suspension in a pending proceeding or in contemplation of a proceeding. If the order of suspension does not indicate that any proceeding is pending or in contemplation, it would be laconic and cannot sustain. Therefore, in the absence of any pending proceeding or contemplated proceeding, the appointing authority has no jurisdiction to place a Government servant under suspension. In the case of Meera Tiwari (Smt.) v. The Chief Medical Officer and Ors. , 2001 (2) LBESR 500 (SC) : (2001) 3 UPLBEC 2057, a Division Bench of this Court while considering sub-rule (1) Rule 4 of the Rules held as under : " (3) FROM the said rule it appears that a Government Servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry. The impugned order of suspension does not refer to any contemplated inquiry or the fact that any inquiry is pending. "