D.P. Kundu, J. - (1.) By virtue of an order of suspension dated 4.12.1980 the petitioner who is an employee of respondent No. 1, which is a Government of India undertaking was placed under suspension on the ground that a disciplinary proceeding against him was contemplated. The petitioner is still under suspension though during these long sixteen years no disciplinary proceeding has been initiated against him by issuing charge sheet. Question for decision is whether suspension of the petitioner can still continue on the ground that a criminal case is pending against him though that was not the ground for placing the petitioner under suspension.
(2.) Admittedly the service conditions of the petitioner are guided by IDPL Conduct, Discipline and Appeal Rules, 1978 (hereinafter referred to as Discipline and Appeal Rules). Rule 20(1) of the Discipline and Appeal Rules confers power upon the authorities to place an employee under suspension. The said Rule 20(1) reads as follows : "Rule No. 20, Suspension. 1. The appointing authority or any authority to which it is subordinate or the disciplinary authority empowered in that behalf by the Management by general or special order may place an employee 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 or trial."
(3.) The relevant lines of the order of suspension dated 4.12.1980 read as follows : "Whereas a disciplinary proceeding against Shri Samir K. Roy Chowdhury, Store Clerk, Regional Sales Manager's office, Calcutta, is contemplated. Now, therefore, the undersigned in exercise of the powers conferred under Rule 20.1 of IDPL Conduct, Discipline & Appeal Rules, 1978 hereby places the said Shri Samir K. Roy Chowdhury under suspension with immediate effect. It is further ordered that during the period that this order shall remain in force the headquarters of Shri Samir K. Roy Chowdhury shall be at Calcutta and the said Shri Samir K. Roy Chowdhury shall not leave the headquarters without obtaining the previous permission of the undersigned.";