Jyotsna Rewal Dua, J. - (1.)The petitioner seeks quashing of:- (i) his suspension order dated 16.08.2019; (ii) Article of Charge No.2 as contained in the memorandum of charges dated 07.01.2020, with further prayer for (iii) deferring the departmental enquiry till the statements of the witnesses are recorded in the criminal case.
(2.)Brief factual position of the case is as under:-
2(i). Petitioner is Class-I Gazetted Officer in the rank of Deputy Superintendent of Police. While serving as Sub-Divisional Police Officer (SDPO), Jawali, District Kangra, an FIR No.09/2019, dated 12.08.2019, was registered against him under Section 7 of the Prevention of Corruption Act, 1988 in Police Station, State Vigilance & Anti Corruption Bureau (SV&ACB), Dharamshala. Allegation in the FIR was that the petitioner was caught red handed while accepting bribe. He was arrested on 12.08.2019.

2(ii). As the petitioner remained in custody for a period exceeding forty-eight hours, therefore, an order was issued by the respondents on 16.08.2019 under Rule 10(2) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (in short 'CCS (CCA) Rules'), placing him under deemed suspension w.e.f. 12.08.2019, i.e. date of his detention. The suspension was to continue till further orders. Under this order, the headquarter of the petitioner during suspension after his release from custody, was fixed at O/o Superintendent of Police, District Kangra.

2(iii). Bail was granted to the petitioner in the above FIR by the learned Special Judge, Kangra at Dharamshala, vide order dated 17.08.2019. After release from custody, the petitioner joined as SDPO at Jawali, District Kangra, on 17.08.2019 at 9:10 pm. The order dated 16.08.2019 suspending the petitioner and fixing his headquarter in O/o Superintendent of Police, District Kangra was ordered to be brought to his notice vide endorsement dated 18.08.2019 issued by the Superintendent of Police, Kangra at Dharamshala.

2(iv). The suspension of the petitioner was reviewed and extended from time to time under Rule 10(6) of CCS (CCA) Rules. Proposing to hold an enquiry against the petitioner under Rule 14 of CCS (CCA) Rules, a memorandum containing following two Articles of Charges was issued to him on 07.01.2020 and he was directed to submit his written defence to the same within ten days of its receipt:-

"Article-1

That Shri Gian Chand, HPPS, while functioning as Sub-Divisional Police Officer, Jawali, District Kangra was caught red-handed while accepting a bribe of rupees 45,000/- from the complainant Shri Shashi Sharma on 12-08-2019 at Mini Secretariat, Nurpur, by a team of Police Station, SV&ACB, Dharamshala. A case FIR No.09/2019 dated 12-08-2019 has been registered against him at Police Station, SV&ACB, Dharamshala u/s 7 of PC Act (Amended 2018) in the matter.

Article-2

That Shri Gian Chand, HPPS, the then SDPO, Jawali, Distt. Kangra was placed under deemed suspension w.e.f. 12- 8-2019 vide Order No.Home-D-B(3)-14/2017 dated 16-8-2019 and during the period of his suspension, his headquarter was fixed at the office of the S.P., Distt. Kangra at Dharamshala. However, the said Shri Gian Chand after getting bail, immediately joined at Jawali on 17-8-2019 at 9.10 PM and sent his joining report to all superior authorities. Thus, he knowingly & intentionally violated the Govt. order stated above."

2(v). Apparently, the petitioner did not submit his written defence to the Memorandum of Charges. He rather chose to invoke the extraordinary jurisdiction of this Court praying for quashing of his suspension order, Article of Charge No.2 and for deferring the examination of witnesses in the departmental enquiry till the statements of witnesses are recorded in the criminal trial.

(3.)We have gone through the pleadings and heard learned counsel for the parties, who made submissions under following macro points:-
(a). Validity of suspension order dated 16.08.2019 beyond 10.11.2019 vis-a-vis Rule 10(7) of CCS (CCA) Rules.

(b). Justification for continued suspension of the petitioner.

(c). Validity of Charge No.2 in the memo dated 07.01.2020.

(d). Deferring the disciplinary proceedings till the recording of statements of witnesses in the criminal trial.

We discuss the above points hereinafter.

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