- (1.) - Delay condoned. Leave granted.
(2.) The appellant had contemplated disciplinary proceedings against the respondent and considered it expedient to keep the respondent under suspension pending the said proceedings. By proceeding dated April 24, 1990, the respondent was suspended and it was served on him on 25-9-1990. A charge-sheet was framed against the respondent on July 5, 1990 and was sent to the Engineer-in-Chief, at Bhopal for effecting its service who in his letter dated November 8, 1990 requested the Chief Engineer (Central) at Jabalpur to serve the charge-sheet on the respondent. The latter in turn endorsed it to the Suptdg. Engineer, Panna who deputed his head clerk to serve the charge-sheet on the respondent. The endorsement made by the head clerk on December 21, 1990, reads thus: "The Head Clerk had gone to Pahadukodi and met Shri Tiwari, Executive Engineer, and gave him the letters. But as informed by the Head Clark in writing that he refused to accept the said letters on some pretext, the same are being sent to you in original." Thereafter, the service was effected after the expiry of 90 days. The respondent challenged the order of suspension in the Administrative Tribunal on the ground that the disciplinary proceedings were initiated after the expiry of 90 days and that, therefore, suspension was without jurisdiction and void. That plea was found favour with the Tribunal in O.A. No. 1056/92, which by its order dated August 27, 1992 set aside the order of suspension. Thus, this appeal by special leave.
(3.) The appellant's contention is that the respondent having had knowledge of the order of suspension and initiation of the proceedings, made himself scarce and evaded the receipt of the charge-sheet and all attempts made by the appellants, within the period of limitation to serve the charge-sheet proved futile. Having successfully evaded the receipt of the charge-sheet till the expiry of 90 days, the respondent approached the Tribunal in 1992 and claimed that his suspension after the expiry of 90 days prescribed under R. 9 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, for short the rules had become illegal and void, and had stood revoked. We find force in the contention. It is seen from the letter addressed by the Chief Engineer, Jabalpur to the Govt. that the respondent, the Executive Engineer had not given the address nor reported to the office of the Superintending Engineer as per the directions issued by the Government and that his whereabouts were not known. It would thus be clear that after having had knowledge of the suspension order the respondent thwarted the attempt to serve the charge-sheet against him and thereby refused to receive it. He thus evaded to receive the charge-sheet. Rule 9 of the Rules provides thus : "9(l) 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 or trial; Provided 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 conviction for an offence, he is sanctioned to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction. Explanation.-The period of forty eight hours referred to in Cl. (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account. (2-a) where a Govt. servant is placed under suspension under Cl.(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 Govt. servant under R. 14, a copy of articles of charges, the statement of imputations of misconduct or misbehaviour 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 Govt. servant as required by sub-rule (4) of R. 16 within a period of 45 days from the date of order of suspension. Provided that where the disciplinary authority is the State Govt., the copy of charges and other documents mentioned above shall be issued or caused to be issued to such servant within a period of 90 days from the date of order of suspension. (2-b) Where the disciplinary authority fails to issue to the Govt. servant, a copy of the charges and other documents referred to in sub-rule (2-a) within the period of 45 days, the disciplinary authority shall, before expiry of the said period, obtain orders in writing of the State Govt. for extension of the said period of suspension. Provided that the period of suspension shall in no case be enhanced beyond a period of 90 days from the date of the order of suspension. (3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Govt. servant under suspension, is set aside in appeal or review under these rules and the same 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 Govt. 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 on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Govt. 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 cage of copy of charges and other documents referred to in sub-rule (2-a) are not issued to such Govt. servant by the disciplinary authority (if it is not the State Govt.) without obtaining the orders of the State Govt. 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 documents referred to in sub-rule (2-a) are not issued to such Govt. servant.";