- (1.) This appeal is from an order of the central Administrative tribunal, New Delhi and concerns with the scope of Rule 10 (4 of the central Civil Services (CCA) Rules, 1965 ('the Rules').
(2.) The facts leading to the appeal are these: The appellant was a cash clerk in the establishment of Delhi Milk Scheme, New Delhi. There was some criminal case connected with the forgery of a cheque in which the appellant was arrayed as an accused. Pending investigation of the criminal case, he was placed under suspension. The order of suspension was made on 27/03/1976 under Rule 10 (2 of the Rules. On 10/01/1978 his services were terminated under Rule 5 (1 of the central Civil Services (Temporary Service) Rules, 1965. On 7/03/1980 the appellant was acquitted in the criminal case. On 5/01/1981 the appellant filed a civil suit in the District court, New Delhi, challenging the order of termination of his services. The suit was transferred to the central Administrative tribunal for disposal. The tribunal has, by its judgment dated 5/09/1988 set aside the termination order with the following conditions : "(I) The impugned order of termination dated 10/01/1978 is quashed. Consequently, status quo ante as in regard to applicant being under suspension will continue from 10/01/1978. (Ii) It will be open to the competent authority to take a final decision on the continuance or otherwise of the suspension in the light of the judgment of Chief Judicial Magistrate dated 7/03/1980 in Case No. 57/2. It will be open to the competent authority to 129 revoke the order of the suspension and reinstate the plaintiff into service as cash clerk. In that event, the pay and allowances of the plaintiff during the period of his actual suspension from March 27, 197 6/01/1978 and deemed suspension thereafter shall be regulated in accordance with the provisions of F. R. 54-B. Necessary adjustments, if any, should be made or in regard to the subsistence allowance already paid to him. The defendants shall also consider and decide whether the period of actual and deemed suspension shall be treated as a period spent on duty or not. (Iii) It will also be open to the competent authority, if so advised, to continue the plaintiff on suspension if it is decided to initiate disciplinary proceedings against him based on his conduct which led to his prosecution before the criminal court. The disciplinary proceedings if initiated should be completed within a period of six months from the date of communication of this order. (Iv) The competent authority shall take appropriate decision as regards (ii) and (iii) above within the period of two months from the date of communication of this order. "
(3.) Pursuant to the decision of the tribunal the management made an order dated 10/11/1988 under Rule 10 (4 of the Rules placing the petitioner under suspension w. e. f. 10/01/1978. The appellant shall be deemed to have been suspended from the date of the original order of termination. The management also directed that there should be further enquiry against the appellant. The relevant portion of the order dated 10/11/1988 reads: "And whereas the undersigned on a consideration of the circumstances of the case, has also decided that a further enquiry should be held under the provision of CCS (CCA) Rules, 1965 against the said Shri Mohinder Singh, ex-Cash Clerk on the allegation which led to his termination of service. Now therefore the undersigned hereby:- (I) sets aside the order of termination of services of Shri Mohinder Singh, ex-Cash Clerk (Ii) directs that further enquiry should be held under the provisions of CCS (CCA) Rules, 1965 against Shri Mohinder Singh on the allegations of misappropriation of government money which led to the termination of service. (Iii) directs that the said Shri Mohinder Singh, ex-Cash Clerk shall under sub-rule (4 of Rule 10 of the CCS (CCA) Rules, 1965 be deemed to have been placed under suspension w. e. f. 10/01/1978 and shall continue to remain under suspension until 130 further orders. (Baldev Chand) Disciplinary Authority Deputy General Manager (A) ";