MONOHAR LAL GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matter which arises for determination in this Writ Petition is whether the provisions of Article 311 of the Constitution are attracted to an order passed during the period of suspension of a government servant retiring him from service under the Punjab Civil Services (Premature Retirement) Rules, 1975 (hereinafter referred to as 'the Retirement Rules').

(2.) The facts relevant to this petition are that on May 30, 1974 when the petitioner Shri Manohar Lal Gupta was posted as District Industries Officer, Bhatinda, the Senior Superintendent of Police, accompanied by Deputy Commissioner, Bhatinda and other officials raided his house. During this raid a sum of Rs. 21,300 was recovered from his house. A case was registered against the petitioner under Section 5(2) of the Prevention of Corruption Act on account of this recovery and he was also arrested, though later released on bail. The case registered against the petitioner is said to be still pending against him.

(3.) On June 6, 1974, the petitioner was placed under suspension by the order (Annexure P-2) with effect from May 31, 1974. This was later followed by the impugned order (Annexure P-4) of September 16, 1975, retiring the petitioner from service under the Retirement Rules.