- (1.) The impugned order which came to be quashed by the tribunal reads as under: "The counsel for the petitioner argued that the disciplinary authority in this case, has also not given any indication of his decision to hold a fresh inquiry on the same charges, on consideration of the case and, therefore, the conditions required by the rule had not been fulfilled. A perusal of the impugned order shows that the only recital about the fresh enquiry contained in the 1st sentence of the said order which translated into English reads that in the light of the judgment of the tribunal, the orders about conducting a fresh departmental enquiry against Shri Singh are being issued separately. We agree with the contention on behalf of the petitioner that this recital could not be taken as a sufficient and unambiguous fulfilment of the condition required by the CCA rule that the appointing authority has to decide to hold a further enquiry after consideration of the circumstances of 71 the case. The recital in the impugned order rather gives the impression that a fresh enquiry against the petitioner was being ordered because of the judgment of the Tribunal, while in fact the tribunal's judgment had made it clear that there was no bar to the appointing authority taking a decision regarding fresh enquiry. "the last sentence will clearly show that it is in full compliance with U,p. Civil Services (CCA) Rules, 1930 Rule 49-A (4. Rule 49-A (4 of the said CCA Rules reads: "Where a penalty of dismissal or removal 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 appointing authority, on a consideration of the circumstances of the case, decided to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, whether the allegations remain in their original form or are clarified or their particulars better specified or any part thereof of a minor nature omitted: (A) If he was under suspension immediately before the penalty was awarded to him, the order of his suspension shall, subject to any directions of the appointing authority, be deemed to have continued in force on and from the date of the original order of dismissal or removal; (B) if he was not under such suspension, he shall, if so directed by the appointing authority, be deemed to have been placed under suspension by an order of the competent authority on and from the date of the original order of dismissal or removal,"
(2.) There has been consideration on the part of the relevant authority to invoke the deeming clause of suspension. The rule does not require passing of the order with reference to the conduct of departmental enquiry at the same time. The Civil will stand allowed. However, on compassionate ground, we direct the State not to recover anything paid to the first respondent. Whatever we have said will not prejudice the case of the first respondent, who. we are informed has been subsequently dismissed and which dismissal is under challenge. No costs.;