Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

It is the discretion of the appointing authority to place a delinquent under suspension during the
pendency of the enquiry or not. This power cannot be exercised by the Courts or the Tribunal if there
would have been a situation that at the time of passing the dismissal order from service, the petitioner
would have been under suspension, then of course the Tribunal could have directed to maintain the
status before passing the order of dismissal from service. But when the petitioner was already discharging
his duties as Manager (Finance & Audit), Tribal Development Co-operative Corporation Ltd., it was
not within the jurisdiction of the Tribunal to direct to place him under suspension during the course of
enquiry.
9. It is also a matter of consideration that the delinquent was not at all posted as Treasury Officer
and was working in the Tribal Development Co-operative Corporation Ltd. How can it be presumed
that the staff and lecturers of the College would be afraid of being further harassment in case they
come forward to give evidence. Apart from that, the then Collector who was the Drawing and
Disbursing Officer, appears to be one of the witnesses and the objections raised on the bill submitted
by the Principal of the College appears to be a documentary evidence in the enquiry. In the case of
Union of India and another v. Tulsiram Patel reported in AIR 1985 SC 1416, the constitution Bench
of the Apex Court has held that a disciplinary authority is not expected to dispense with disciplinary
inquiry lightly or arbitrarily or out of ulterior motives or merely in order to avoid the holding of an
inquiry or because the Department’s case against the government servant is weak and must fail. The
finality given to the decision of the disciplinary authority by Article 311(3) is not binding upon the court
so far as its power of judicial review is concerned and in such a case the court will strike down the
order dispensing with the inquiry as also the order imposing penalty. Therefore, in the facts and
circumstances mentioned above, it cannot be said that it was not reasonably practicable to hold
enquiry under the Rules against the delinquent.
Orissa PSC
10. In view of the above, the W.P.(C) No.2741 of 2005 is dismissed and W.P.(C) No.8871 of
2004 is allowed in part. The impugned order of the Tribunal by which a direction has been issued that
the petitioner shall be deemed to be under suspension from the date he was relieved from the respective
post on issue of dismissal order, is quashed. However, the quashing of the impugned order of dismissal
from service is upheld. The petitioner shall be reinstated. However, it will be open for the opposite
party-State (in WPC No.8871 of 2004) to initiate disciplinary proceedings against the petitioner and
place him under suspension during the pendency of the disciplinary proceedings.
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