MADHUSUDAN BHUYAN Vs. STATE OF ORISSA REPRESENTED THROUGH ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE Petitioner was appointed as Lower Division Clerk in the Public Health Engineering Department and was posted to Cuttack Water Supply Subdivision in June, 1964. His duty was to collect water tax and maintain accounts. It appears that he had no knowledge in accounts and he had to depend on his colleagues. Taking advantage of his ignorance some of his colleagues tampered accounts as a result of which Government sustained loss. On 24 -12 -1964 he was placed under suspension and no disciplinary proceeding has yet been initiated. The Petitioner was paid subsistence allowance till September, 1965 and no subsistence allowance has been paid thereafter. It is not necessary to refer to certain details regarding payments made to the Petitioner as they are not relevant for the purpose of this case. F.I.R. was lodged against him for defalcation on 26 -4 -1969. The criminal case has also not taken any shape and no charge -sheet has been filed. The Petitioner prays for quashing the suspension order treating him as continuing in service from the date of suspension and for giving him all service benefits. In the alternative he 'prays that the opposite parties may be directed to pay the subsistence allowance up to date.

(2.) THE question that arise for consideration are whether the order of suspension was legal and what reliefs the Petitioner is entitled to.

(3.) NO disciplinary proceeding against the Petitioner is pending. The only question is whether at the time when the suspension order was passed a disciplinary proceeding against him was contemplated. From the date of suspension more than ten years have elapsed and no disciplinary proceeding has been initiated. No materials have been placed before us to show that a disciplinary proceeding was contemplated at the time the suspension order was passed. The suspension order (Annexure -I) does not show that a disciplinary proceeding was contemplated. In any view of the matter the order of suspension passed under the first part of Rule 12(1)(a) is without jurisdiction.