BHAGAT MALLICK Vs. BHARAT COKING COALLTD

JUDGEMENT

(1.) THIS writ application is directed against an order dated 20th March, 1991 passed by respondent No. 3 and as contained in Annexure 3 to the writ application whereby and whereunder a departmental proceeding has been initiated as against the petitioner and he has been placed under suspension.

(2.) THE short question which arises in this application is as to whether respondent No. 3 has any jurisdiction to pass the order of suspension.

(3.) THE petitioner was released on bail by this Court by an order dated 27-3-1991 in Crim. Misc. No. 994 of 1991 (R). THEreafter, the impugned order dated 20th March, 1991 was issued whereby and whereunder the petitioner was inter alia charge-sheeted for a misconduct which came within the purview of Clause 16.1.13 of the Certified Standing Order, that is, taking or giving or offering or asking bribe or any illegal gratification whatsoever indulging in corrupt practices. As indicated hereinbefore, by reason of the said order, the petitioner was also put under suspension pending enquiry and final decision in the matter.