- (1.) THIS case involves interpretation of Rule 3 of the All India Services (Discipline and Appeal) Rules, 1969 and also the adjudication of the question as to whether it was open to the State Government to post an officer on a regular appointment during the period that he was under suspension.
(2.) RESPONDENT No.4 Shri Chintu Nayak is a member of All India Services being an IAS Officer of 1974 batch. After the bifurcation of the erstwhile State of Bihar, he has been allocated to the Jharkhand Cadre of IAS. It appears that in connection with his alleged involvement in some criminal case respondent No.4 was taken in custody on 2nd February 2001. It is the admitted case of the parties that he remained in custody between 2nd February, 2001 and 28th February, 2001, the date when by a judicial order he was released from custody. During the period that he was in custody, precisely speaking, on 27 -2 -2001 an order came to be passed by the Government of Jharkhand placing the respondent No. 4 under suspension on the ground of his having been in custody for a period exceeding 48 hours. This order even though has been passed in Hindi by the State Government, we reproduce herein below the English translation (as attempted by us) of the substance of this order, which reads thus. "As Shri Chintu Nayak, IAS (74 batch) has been in custody for a period exceeding 48 hours since 2 -2 -2001 in connection with Vigilance Case No. 12/2000, (Special Case No. 3/2000) under Secs. 420, 465, 467, 468, 471, 477A, 109 and 120B of the Indian Penal Code, read with S. 13(1)(d) of the Prevention of Corruption Act, 1988 and S. 4(2) of the Bihar Non -Gazetted Physical Training College and Non -Gazetted Primary Education College Act, 1982. therefore, he is placed under suspension with effect from 2 -2 -2001, until further orders in terms of Rule 3(2) of the All India Services (Discipline and Appeal) Rules. 1969. During the period of suspension the Headquarter of Shri Chintu Nayak shall be at Ranchi. During the period of suspension Shri Chintu Nayak shall be entitled to receive the subsistence allowance as per Rule 4(1) of the All India Services (Discipline and Appeal) Rules, 1969. ''
(3.) IT is the admitted case of the parties that till 3rd January 2002 the Government of Jharkhand or any other authority had not issued or passed any order whatsoever revoking the aforesaid suspension of Respondent No.4. It is also the admitted case of the parties that it was only on 9th May 2002 that the Government of Jharkhand passed an order revoking the suspension of Respondent No.4, but this revocation, strangely and curiously enough was made effective from 1 -3 -2001. This order is also in Hindi but the English translation (as attempted by us) of the substance of this order reads thus: - ''Shri Chintu Nayak, IAS (74 batch), who was suspended vide order dated 27 -2 -2001 with effect from 2 -2 -2001 (the date when he was taken in custody), and who was released from custody on 28 -2 -2001, his suspension order in terms of Rule 3(7) (a) of 1969 Rules is hereby revoked with effect from 1 -3 -2001. The decision with respect to the suspension period between 2 -2 -2001 to 28 -2 -2001 shall be taken later on. '';