- (1.) Leave granted.
(2.) The appellant, who is a member of the Indian Administrative Service, was placed under suspension by order dated 6/2/1997 passed under Section 3 (1 of All India Services (Discipline and Appeal) Rules, 1969, in contemplation of disciplinary proceedings which were proposed to be initiated against him. This order was substituted by order dated 13/2/1997 in which it was stated, inter alia, as under: "On a close scrutiny of the case, it was noticed that no disciplinary proceedings under All India Services (Discipline and Appeal) Rules, 1969 are contemplated against the Member of Service as of now. However, prima facie involvement and complicity of the Member of service in a case registered in CR. No. 327/96 under Section 468,471,409 and 420 read with 120 (b) , Indian Penal Code of Anakapally Town Police station came to light during the course of investigation into the said case by the C. I. D. The investigation by the C. I. D. is still in progress. The result of the final investigation by the above organisation may lead to a Criminal charge against those involved in the case if the prima facie conclusions are confirmed. As such, placing the Member of service under suspension in exercise of the powers conferred under Rule (3 of the All India Services) Discipline and Appeal) Rules, 1969 has to be (sic) instead of Rule 3 (1 thereof. "
(3.) It was for the above reasons that the order of suspension was passed under Rule 3 (3 of the All India Service (Discipline and Appeal) Rules, 1969. This order appears to have been passed on the letter of the Additional Director General of Police, C. I. D. , A. P. , addressed to the Chief secretary to government of A. P. , in which it was suggested that the government may consider taking suitable action against the appellant and if considered desirable, he may be placed under suspension in public interest pending enquiry into the matter.;