S.S. Sharma vs Chhattisgarh State Electricity Board and another

W.A. Shishak, C.J.—Heard.

The writ petitioner was placed under suspension vide order dated 6-10-2000. Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 provides that the order of suspension shall stand revoked on expiry of the period of 90 days from the date of the order of suspension in case copy of the charges and other documents referred to in sub-rule (2-a) arc not issued to such Govt. Servant. Rule 9 (2-a) states :

"Where a Government servant is placed under suspension under clause (a) of sub-rule (1), the order of suspension shall contain the reasons for making such order and where it proposed to hold an enquiry against such Government servant under Rule 14, a copy of the articles of charges, the statement of imputations of misconduct or mis-behaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained shall be issued or caused to be issued by the disciplinary authority to such Government servant as required by sub-rule (4) of Rule 14, within a period of 45 days from the date of order of suspension.

Provided that where the disciplinary authority is the State Government, the copy of charges and other documents mentioned above shall be issued or caused to be issued to such Government servant within a period of 90 days from the date of order of suspension."

Mr. V.G. Tamaskar, learned counsel for the petitioner submits that though the petitioner was placed under suspension w.e.f. 6th October, 2000, the order of suspension/charge-sheet was served upon the writ petitioner only on 6-2-2001. It appears from the pleadings and also after hearing the counsel of both the sides that the order of suspension/charge-sheet was already signed on 20-12-2000. However, admittedly and apparently it was served on 6-2-2001 upon the writ petitioner. In the process Mr. Tamaskar submits that the charge-sheet came to be served long after the period of 90 days of the order of suspension and in fact after 112 days. As regards the delay in serving the charge-sheet to the petitioner Mr. Jayaswal submits that in view of the sudden development of the coming into force of the new State of Chhattisgarh a transitional delay occurred in the way of service of the charge-sheet within 90 days. Mr. Tamaskar submits that there is no room for such explanation therefore such matter be dealt with in accordance with the Rules prescribed in this regard and definitely the present case is hit by Rule 9 (5) (a) of the said Rules.

It appears from the very operation of the provisions particularly of Rule 9 (5) (a) of the said Rules the order of suspension should have been revoked, Mr. Tamaskar submils that no order of revocation has been issued by the competent authority. It is further .submitted that it is open to the competent authority to take further action in the matter. The crux of the matter is that the competent authority should not have allowed 90 days to expire before service of the charge-sheet upon the petitioner.

In the result this petition is allowed. The impugned order of suspension issued on 6-10-2000 by the Joint Secretary, M.P. Electricity Board is quashed.

Certified copy today.

Writ Petition allowed.