VIGILANCE MANUAL VOLUME III - AP Online

276 DECISION - 59
and that in the present case, an offence under section 165 I.P.C. is
committed even though the accused had no functions to discharge
in connection with the appeal before the Joint Chief Controller of
Imports and Exports. The Supreme Court accordingly dismissed
the appeal.
(59)
(A) Suspension — effect of
Government servant placed under suspension
continues to be member of the service.
(B) Suspension — deemed suspension
Deemed suspension under provisions of
Classification, Control and Appeal Rules, on court
setting aside order of dismissal does not contravene
provisions of Constitution.
Khem Chand vs. Union of India,
AIR 1963 SC 687
The appellant was a permanent Sub-Inspector of Cooperative
Societies, Delhi. He was suspended and was dismissed
from service after holding an inquiry. On a suit filed by the appellant,
the Supreme Court held that the provisions of Art. 311(2) of
Constitution had not been fully complied with and that the order of
dismissal was inoperative, and that he was a member of the service
at the date of the suit and also gave a direction that the appellant
was entitled to his costs throughout in all Courts. Thereupon, the
disciplinary authority decided under rule 12(4) of Central Civil Services
(CCA) Rules, 1957 to hold further enquiry against him on the allegation
on which he had been originally dismissed, the effect of which was
that the appellant was to be deemed to have been placed under
suspension. The appellant challenged the validity of rule 12(4) on
the ground that the rule contravened the provisions of Arts. 142, 144,
19(1)(f), 31 and also 14 of the Constitution.
The Supreme Court held that the rule did not contravene
any of these Articles of Constitution and was not invalid on that ground