GOVERDHAN SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE order that was passed on July 20, 2005 reads as under:- " THE writ petition being devoid of merit stands dismissed. Reasons shall follow. " Here are the reasons:-

(2.) BY this writ petition under Article 226 of the Constitution, the petitioner has prayed for direction to quash and set aside the suspension order dated May 16, 2005 with further direction to respondents to allow the petitioner to work on the post of Additional District Elementary Education Officer Jaipur.

(3.) CONSTITUTION Bench of the Hon'ble Supreme Court in V. P. Gindroniya vs. State of M. P. (AIR 1970 SC 1494) indicated three kinds of suspension. Their Lordships observed in para 6 as under:- " 6. Three kinds of suspension are known to law. A public servant may be suspended as a mode of punishment or he may be suspended during the pendency of an enquiry against him if the order appointing him or statutory provisions governing his service provide for suspension. Lastly he may merely be forbidden from discharging his duties during the pendency of an enquiry against him which act is also called suspension. The right to suspend as a measure of punishment as well as the right to suspend the contract of service during the pendency of an enquiry are both regulated by the contract of employment or the provisions regulating the conditions of service. But the last category of suspension referred to earlier is the right of the master to forbid his servant from doing the work which he had to do under the terms of the contract of service or the provisions governing his conditions of service at the same time keeping in force the master's obligations under the contract. In other words the master may ask his servant to refrain from rendering his service but he must fulfill his part of the contract.