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AIR 1968 SUPREME COURT 800 ::1968 LAB. I. C. 984
Supreme Court Of India
(From Bombay)*
Hon'ble Judge(s): J. C. Shah, V. Ramaswami, V. Bhargava , JJJ

(A) Bombay Civil Services Rules (1959) , R.151, R.152— Fundamental Rules (1965) , R.53, R.54— Rules comprise interim suspension and suspension by way of penalty - Enquiry into misconduct -Suspension during pendency of -Suspension order is valid - Payment during suspension - Depends upon provisions in that respect. An order by State Government suspending a public servant pending enquiry into his alleged misconduct is legally valid.(Para 5) The authority entitled to appoint the public servant is entitled to suspend him pending a departmental enquiry into his conduct or pending a criminal proceeding, which may eventually result in a departmental enquiry against him. But what amount should be paid to the public servant during such suspension will depend upon the provisions of the statute or statutory rule in that connection. If there is such a provision the payment during suspension will be in accordance therewith. But if there is no such provision, the public servant will be entitled to his full emoluments during the period of suspension. On general principles therefore the Government, like any other employer would have a right to suspend a public servant in one of two ways. It may suspend any public servant pending departmental enquiry or pending criminal proceedings; this may be called interim suspension. The Government may also....

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