K K JAGGIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) K. K. Jaggia, who has filed this petition under Article 226 of the Costitution, joined the service of the Punjab Government in P. W. D. Irrigation Branch on 18th of January 1949 and was posted as a Sub-Divl. Officer. On 6th April, 1955, he was ordered to be promoted as officiating Executive Engineer, but this order was not given effect to and he was not actually promoted at such. On 16th of May 1956 he was placed under suspension and later as a result of a departmental enquiry he was dismissed on 6-10-1961. This order of dismissal, however, was quashed by Dua, J. on 22nd of August 1963 as a result of a writ petition (C. W. No. 279 of 1962 (Punj)) having been filed by the petitioner in this Court. Accordingly he was reinstated on 20th of September 1963. but was again suspended on the same date to stand a fresh enquiry. The order of the Punjab Government in this behalf was notified in the Gazette of 27th September 1963 in the following terms: -

(2.) THE petitioner then claimed the arrears of his salary for the period commencing from the date of his suspension till the date of his reinstatement. The Government decided that his claim be disposed of in accordance with the following decision:--

(3.) THE first question for decision is whether the Government had a right to suspend the petitioner during the departmental enquiry pending against him.