S. D. Agarwala, J - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner was working as a Draftsman and posted in Alak Nanda Soil Conservation Department, Forest. Division, Gopeshwar, District Chamoli. By an order dated 3rd February, 1987 passed by the Divisional Forest Officer, who is equivalent to the rank of Assistant Conservator of Forest, the petitioner was suspended. The petitioner has, now, challenged the order dated 3rd February, 1987 by means of the present petition on the ground that the Divisional Forest Officer/Assistant Conservator of Forest had no jurisdiction to suspend the petitioner. The services of the Draftsman in the Department of Forest are governed by the U. P. Forest Department Draftsman Service Rules, 1980. Rule 25 of these Rules specifically provides that in regard to the matters not specifically covered by these rules or by special orders persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
(3.) IT is not disputed that the rules do not provide as to which is the authority empowered to suspend the Draftsman. In the circumstances, we have to fall back on Rule 49 A of the Civil Services (Classification, Control and Appeal) Rules, which are applicable to the Government servant in the State of Uttar Pradesh. Rule 49-A of the above mentioned Rules provide that the Government servant against whose conduct an enquiry is contemplated or is proceeding may be placed under suspension pending the conclusion of enquiry in the discretion of the appointing authority. Proviso to this Rule specifically lays down that the Governor by general or special order in this behalf, can empower to a certain authority to place a Government servant under suspension.;