STATE OF ORISSA Vs. BICHITRANANDA MUDULI

JUDGEMENT

(1.) THE suspension of opposite party No. 1 having been upset by the Orissa Administrative Tribunal in its order dated 31.7.2000, the State of Orissa has filed this writ application for quashing of the said order.

(2.) OPPOSITE party No.l is the Chief Engineer, Rural Works I, Orissa, Bhubaneswar. The State Government in the Rural Works Department Order No. 5842 dated 28.4.2000 (Annexure 2) placed him under suspension with immediate effect pending institution of criminal case and/or disciplinary proceeding. He challenged the said order of suspension before the Orissa Administrative Tribunal, Bhubaneswar (hereinafter referred to as ' the Tribunal') in Original Application No. 1217 of 2000. The Tribunal by the impugned order dated 31.7.2000 (Annexure 1) has quashed the order of suspension holding that further continuance of his suspension cannot be allowed.

(3.) RULE 12 of the CCA. Rules deals with the power of suspension. Sub rule (1) thereof which is relevant for the purpose of this case is extracted hereunder : 'Rule 12(1): The appointing authority or any authority to which it is subordinate or any authority empowered by the Governor or the appointing authority in that behalf may place a Government servant under suspension