VIGILANCE MANUAL VOLUME III - AP Online

390 DECISION - 144
(144)
(A) Suspension — effect of
An employee under suspension continues to be a
member of the Service.
(B) Compulsory retirement (non-penal)
Order of compulsory retirement (non-penal) passed
during the suspension of an officer is not a punishment
and does not attract Art. 311 of Constitution.
D.D. Suri vs. Government of India,
1973(1) SLR DEL 668
The Vigilance Department started investigation against the
appellant, an IAS Officer, on the allegation that he committed offences
under the Prevention of Corruption Act and the State Government of
Orissa placed him under suspension. After completion of the
investigation, the Orissa Government requested the Government of
India in 1968 to accord sanction for his prosecution. The Central
Government did not issue sanction but on 18-12-71 passed an order
prematurely retiring him under rule 16(3) of the All India Services
(D.C.R.B.) Rules in public interest.
The appellant challenged this order through a writ petition
before the Delhi High Court. The points raised by him were that the
order of premature retirement without revoking the order of
suspension was null and void and the manner in which the
Government of India had dealt with the case clearly indicates mala
fides. It was urged that during the period of suspension the contract
of service between the officer and the Government is also suspended
and hence the Government had no right to terminate his services
through retirement.
The High Court held that the appellant had been suspended
merely with a view to prohibiting him from doing any work for
Government and the suspension order therefore did not have the