NATIONAL INSTITUTE OF TECHNOLOGY Vs. MD. AKBAR

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Single Judge allowing the writ petition instituted by the respondent herein. The respondent, who was working as a Store Assistant in the Department of Civil Engineering, National Institute of Technology, Warangal, called in question the correctness of the orders passed by the Director of the said Institute on 7.8.2015 placing him under suspension pending enquiry. The learned Single Judge, having observed that this Court would not normally interfere with the order of suspension pending enquiry, but however, in the present case, vague and uncertain allegations were made against the petitioner, which could not be answered by him and hence, the Court is of the considered opinion that the suspension order is liable to be revoked. Accordingly, the writ petition has been disposed of.

(2.) The learned Standing Counsel for the National Institute of Technology, Warangal would submit that the allegations adverted to and referred to are those, which are contained in the Memo dated 22.7.2015, which is only part and parcel of the preliminary enquiry. Charge -sheet has not been drawn against the respondent/writ petitioner so far by the Institute. When a charge -sheet is drawn, specific allegations will be levelled and the appropriate material, based upon which the allegations are sought to be sustained, will also be made available. During the preliminary enquiry stage only, an opportunity is provided to the writ petitioner, so that if has any material in support of his conduct, he would be able to demonstrate.

(3.) An order of suspension is a pure and simple administrative and executive action of the competent authority. It is only a step -in -aid for conducting a detailed enquiry later on. Sri Jayaprakash Rao is right in his submission that an order of suspension is invariably needed to be passed for conducting an enquiry, but however, it is for the competent authority to apply its mind to the gravamen of the charge and then consider "whether it is really required to place an employee under suspension at all or not". Suspension pending enquiry is normally resorted to facilitate easy collection of material in the absence of the employee concerned. It would also help gathering material easily, as people, who might be willing to depose, would feel free to do so in the absence of the employee concerned at the office. But however, it should be remembered that an order of suspension, sometimes, leaves a far graver impact on an employee than some of the minor punishments, which could be imposed for a proven misconduct. Therefore, great care has got to be employed while passing an order of suspension.