VIGILANCE MANUAL VOLUME III - AP Online

384 DECISION - 139
Before the Supreme Court he asserted that the entire
proceeding against him was the result of bias and ill-will against him
on the part of the Deputy Commissioner who was offended with him
for taking action against some anti-social elements who were friendly
with the Deputy Commissioner. The Supreme Court held that the
question whether there was any bias, ill-will or mala fides on the part
of the Deputy Commissioner was largely a question of fact and it is
not the practice of the courts to decide such disputed questions of
fact in proceedings under Art. 226 of Constitution and other
proceedings are more appropriate for decision of such questions. If
the appellant wanted to prove that there was any substance in his
allegation of mala fides, he should go to an ordinary Civil Court for
relief by way of declaration of damages.
(139)
Suspension — power of borrowing authority
Borrowing authorities like the Food Corporation of
India have full powers of appointing authority for
suspension of Central Government servants lent to
them.
R.P. Varma vs. Food Corporation of India,
1972 SLR SC 751
The services of the appellant, who was Central Government
employee, were lent to the Food Corporation of India and during his
employment in the Corporation he was suspended by the Corporation
authorities. It was contended that he continued to be in the service
of the Government of India and could not be placed under suspension
by the authorities of the Corporation.
According to rule 20(1) of the Central Civil Services (CCA)
Rules, 1965, where the services of a Government servant are lent
by one department to another department or to a State Government
or an authority subordinate thereto or a local or other authority, the