JHARKHAND TRUCK OWNERS ASSOCIATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS case involves interpretation of Rule 3 of the All India Services (Discipline and Appeal) Rules, 1969 and also the adjudication of the question as to whether it was open to the State Government to post an officer on a regular appointment during the period that he was under suspension.

(2.) RESPONDENT No.4 Shri Chintu Nayak is a member of All India Services being an IAS Officer of 1974 batch. After the bifurcation of the erstwhile State of Bihar, he has been allocated to the Jharkhand Cadre of IAS.

(3.) IT is the admitted case of the parties that till 3rd January 2002 the Government of Jharkhand or any other authority had not issued or passed any order whatsoever revoking the aforesaid suspension of Respondent No.4. It is also the admitted case of the parties that it was only on 9th May 2002 that the Government of Jharkhand passed an order revoking the suspension of Respondent No.4, but this revocation, strangely and curiously enough was made effective from 1 -3 -2001. This order is also in Hindi but the English translation (as attempted by us) of the substance of this order reads thus: - ''Shri Chintu Nayak, IAS (74 batch), who was suspended vide order dated 27 -2 -2001 with effect from 2 -2 -2001 (the date when he was taken in custody), and who was released from custody on 28 -2 -2001, his suspension order in terms of Rule 3(7) (a) of 1969 Rules is hereby revoked with effect from 1 -3 -2001. The decision with respect to the suspension period between 2 -2 -2001 to 28 -2 -2001 shall be taken later on. ''