RABINDRA NATH SAHA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. A. Apang, learned counsel for the petitioner. Also heard Mr. N. Achung, learned Government Advocate, for the State respondents.

(2.) THE petitioner herein was initially working as a Store-Keeper at Central Purchasing Organization (CPO) at Pidi in the District of West Siang under the Directorate of Supply and Transport, Government of Arunachal Pradesh, and while working so, some allegation of misappropriation of sale proceeds has been brought against him which led to registration of a criminal case and his arrest in connection with the aforesaid case. The petitioner was in the police lock-up for 49 days and on that ground, he was placed under suspension by the respondent No. 2 viz. , Director of Supply and Transport, Government of Arunachal Pradesh, Naharlagun, vide order dated 01. 08. 2006 (Annexure-V to the writ-petition) with retrospective effect from 18. 05. 2006 on contemplated drawal of departmental proceeding. The petitioner submitted representations on 14. 02. 2007 and 08. 04. 2008 before the respondent No. 2 for revocation of the suspension order and reinstatement in service but no order has been passed acceding his request. The petitioner, having no other alternative, approached this Court praying for revocation of the suspension order aforesaid and reinstatement in service.

(3.) MR. Apang, learned counsel for the petitioner, submits that under provision of Rule 10 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the Disciplinary Authority is to initiate and complete the departmental proceeding within a period of 3 (three) months. The learned counsel further submits that the Government of India, in its order communicated vide DG Pandt's Letter Nos. 201/43/76-DISC-II dated 15th July, 1976, made the following provisions: