Syed Irshad Ali vs Water Resource Department

The petitioner before this court has filed the present petition being aggrieved by order dated 16/6/2016 passed by Engineer-inchief State of Madhya

Pradesh Water Resources Department.

The facts of the case reveal that petitioner is serving on the post of Sub Engineer in the Water Resources Department of State of Madhya Pradesh

and his son has appeared in the examination conducted for the Medical Colleges known as Pre Medical Test (PMT), 2013. Against his son as well as

against the petitioner crime was registered for offence under Sections 419, 420, 467, 468, 471, 12-B of IPC read with Section 3(d) 1, 2/4 of Madhya

Pradesh Manyata Prapt Pariksha Adhiniyam as well as Section 65 and 66 of the Information Technology Act, 2000. The petitioner's contention is that

there was some allegation against his son who did participate in the PMT Examination, 2013 however, the petitioner was also made an accused.Â

The crime was registered in the year 2014 and till date the matter is still under investigation. The petitioner's grievance is that the matter has gotÂ

nothing to do with his service career and only because there was some allegation against his son in respect of examination in question, the crime has

been registered against him and he has been placed under suspension since 27/4/2015. The review was also done by the State Government in

respect of suspension and by an order dated 16/6/2018 the petitioner's representation was rejected and he is continuing under suspension.

The State Government has filed the reply and they have stated that Rule 9 of MPÂ Civil Services (Classification, Control & Appeal) Rules

empowers the state government to place an officer under suspension in case a criminal case is registered against him or investigation is pending or

trial court is pending.

Rule 9 of MP CCA Rules reads as under:

9 (1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf

by the Governor by general or special order, may place a Government servant under suspension:-

(a) where a disciplinary proceeding against him is contemplated or is pending, or

(b) where a case against him in respect of any criminal offence is under investigation, inquiry of trial:

[Provided that a Government Servant shall invariably be placed under suspension when a challan for a criminal offence involving corruption or other

moral turpitude is filed after sanction of prosecution by the Government against him.]

Provided further that where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to

the appointing authority the circumstances in which the order was made.

(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority-

(a) with effect from the date of his detention, if, he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty eight

hours; (b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment

exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under a suspension, is set aside

in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension

shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain

in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory

retirement from service imposed upon a Government servant, is set aside or declared or rendered void in consequence of or by a decision of a court

of law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him in the allegations

on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been

placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall

continue to remain under suspension until further orders.

(5) (a) An order of suspension made or deemed to have been made under this rule, shall continue to remain in force until it is modified or revoked by

the authority competent to do so:

[Provided that the order of suspension shall stand revoked on expiry of the period of forty five days from the date of order of suspension in case a

copy of charges and other documents referred to in sub-rule (2-a) are not issued to such Government servant by the disciplinary authority (if it is not

the State Government) without obtaining the orders of the State Government for extension of the period for issue of the said documents, as required

under sub-rule (2-b) :

 Provided further that the order of suspension shall stand revoked on expiry of the period of 90 days from the date of order of suspension, in case

the copy of charges and other document referred to in sub-rule (2-a) are not issued to such Government servant.]

(b) In respect of a Government servant, whose orders of suspension stand revoked in accordance with the first or second proviso of clause (a) the

authority competent may, if it considers expedient so to do, place him under suspension after a copy of charges and other documents, as required by

subrule (4) of rule 14, have been issued to him.

(c) Where a Government servant is suspended or is deemed to have been suspended, (whether in connection with any disciplinary proceeding or

otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to

place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under

suspension until the termination of all or any so such proceedings.

(d) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made

or is deem to have made the order or any authority to which that authority is subordinate.

[Provided that an order of suspension made under the first proviso to sub-rule (1) of rule 9 shall not be revoked except by an order of the Government

made for reasons to be recorded.]

It is certainly true that Rule 9 empowers disciplinary authority to place an employee under suspension. But the facts remains that in the present case

the petitioner's involvement is yet to be seen by the trial court. There is no direct allegation against the petitioner and the circular issued by the State

Government dated 28/1/2013 provides for reviewing cases of government servants who are under suspension on account of registration of criminal

cases as well as on other grounds.

In the present case the trial court has granted bail to the present petitioner long back; the government is paying subsistence allowance right from

2014 without taking any work from the petitioner; there is no progress in the criminal trial and therefore keeping in view the circular of the State

Government dated 28/1/2013 and other circumstances, the impugned order passed by the State Government dated 16/6/2016 is hereby quashed as

well as the order of suspension dated 27/4/2015 is also quashed. However, the respondents shall be passing an appropriate order in respect of

regularization of suspension period only after conclusion of trial.

With the aforesaid the writ petition stands disposed off.