GAJENDRANATH SAHU Vs. BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) RAISING a short but interesting question, the petitioner has filed this writ application challenging the order (Annexure -6) whereby he has again been placed under suspension, though after revocation of an earlier suspension order he was permitted to resume duties.

(2.) ADMITTEDLY , the petitioner is working as a Junior Assistant in the Berhampur University. On 8.7.1989, he was suspended pending drawal of departmental proceedings. Charges were framed and after due inquiry, he was found to be guilty of the charge of misappropriation. The period of suspension was treated as such and four increments were stopped with cumulative effect. It was further directed that a sum of Rs. 1,03,178/ -with 6% interest thereon shall be recovered from the petitioner in 242 consecutive monthly installments. However, in terms of the order, the petitioner was reinstated vide order dated 9.7.1991. Appeal preferred by him before the Chancellor was rejected. Subsequently on 30.12.1991, an FIR was lodged by the Registrar of the University basing whereupon a case under Section 409, IPC was registered against the petitioner. He was arrested and remained in custody for a period exceeding forty -eight hours. Undisputedly, G.R.Case No. 1143 of 1991 is pending against him in the Court of the Sub -Divisional Judicial Magistrate, Berhampur. In view of the fact that the petitioner was under detention beyond the period of forty -eight hours, he was placed under suspension with effect from 1.3.1993 pending disposal of the aforesaid G.R.Case and it is this order which is the subject -matter of challenge in this writ application.

(3.) A reference may be made to Rule 12 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 (in short, 'C.C.A. Rules') which govern the field, for, it is fairly accepted, the same have been adopted by the University by virtue of Statute 2 of 1999. Relevant extract of the C.C.A. Rules may be quoted :