T V NARAYANA Vs. CONSERVATOR OF FORESTS KURNOOL

JUDGEMENT

(1.) The exercise of the power of suspension hangs like a Damocle's sword over the heads of public servants. Discretionary powers like these shall have to be exercised )n good faith and for the purpose of achieving the object for which they were conferred. Discretion shall have to be exercised fairly and not capriciously and that implies chat all relevant considerations must be taken into account and ail extraneous considerations must be disregarded by the authority exercising these powers. That much is settled law.

(2.) Whenever an order of suspension is questioned on the ground that it is not made for the purpose of the achieving the object of suspension or irrelevant considerations were taken into account and relevant considerations were disregarded, it is the duty of the Court to ascertain what the object of suspension is and what considrations are relevant and what are not that should weigh with the authorities exercising the discretionary power.

(3.) Rule 13 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 (hereinafter referred to as the Rules) deals with suspension and reads in so far as it is material thus-