AIR 1954 CALCUTTA 340

Calcutta High Court

Hon'ble Judge(s): A. K. Chakravarty , C.J. AND Lahiri , J

Constitution of India , Art.311— Fundamental Rules (1965) , Edn.3, Vol.2, App.3, Sch.4 R.2— Person in subordinate service of Central Government - Suspension during pendency of criminal proceedings - Order of suspension with retrospective effect - Order is not valid. Words and Phrases - "Suspension". @page-Cal341 The material portion of R. 2 of Fundamental Rules, 3rd Edn., Vol. II, App. 3, Sect. IV is as follows : "A servant of Government against whom a criminal charge........ is pending, should also be placed under suspension.... during the periods when he is not actually detained in custody or imprisoned....". It was contended that since R. 2 empowered the Government to place an employee under suspension 'during the period' mentioned in the rule, an order of suspension relating to such period could be made at any time and so long as the period covered by the order satisfied the requirements of the rule, its validity could not be affected even if it was made after the period had commenced. The power to suspend 'during the period' had been given in general terms and it clearly covered the power to place an employee under suspension during a period of the specified kind by an order made with retrospective effect. This contention was rejected by the High Court.(Para 12) The basic idea unde....