BHABIT CHANDRA SAUD Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) BY this O.A. applicant makes a prayer to set aside and quash the order dated 8.11.2012 by which the applicant was suspended on account of the pending disciplinary proceeding. Mr. S. Dutta, learned Counsel for the applicant appeared before us. It was submitted by learned Counsel that the impugned order is void ab initio as no disciplinary proceeding is pending against the applicant. Our attention was invited on the prescription of Rule 10(1)(a) of the CCS (CCA) Rules, 1965. As per the said rule Government servant may be suspended where disciplinary proceeding against him is contemplated or pending.

(2.) LEARNED Counsel further stated that the suspension order cannot be justified on the basis of new material. Reliance was placed on the decision of the Hon'ble Supreme Court rendered in the case of Commissioner of Police, Bombay v. Gordhandas Bhanji, : AIR 1952 SC 16 (Placitum 9). In this case the Apex Court has held that order cannot be justified on the basis of new material.

(3.) MR . Majumdar, learned Counsel for the respondents placed before us the brief history received from the respondents. Our attention was invited on paras 7 and 8, which reads as under: