Judgment

SHELAT, J.:- The question arising in this appeal under certificate granted by the High Court of Punjab is whether an order of suspension passed against a Government servant takes effect when it is made or when it is actually served on and received by him.

2. The respondent was appointed as a Sub-Inspector Co-operative Societies, in 1925 in the service of the State of Punjab. He was promoted to the post of Inspector and was confirmed thereon in 1939. In 1952 he was approved for promotion to the post of Assistant Registrar and officiated thereafter as such in short term vacancies from March to November, 1953. While he was serving as the Inspector, he applied for the post of Assistant Registrar in Himachal Pradesh, and on a reference by that Government, his services were lent to Himachal Pradesh Government for appointment as the Assistant Registrar. While he was so serving there, he was charge-sheeted on August 9, 1955, by the Registrar, Co-operative Societies, Punjab in connection with certain matters which occurred in 1950 while he was working under the Punjab Government. Those proceedings, however, were kept in abeyance as the police in the meantime started investigations in those matters.

3. In 1958, the Punjab Government decided to take disciplinary action against the respondent and informed the Himachal Pradesh Government of it on July 17, 1958. On July 16, 1958; however, the Himachal Pradesh Government had granted to the respondent 19 days leave preparatory to retirement, which was to take place on August 4, 1958. On being so informed, the Punjab Government that it had no authority to grant such leave and requested that Government to cancel it and direct the respondent to revert to the Punjab Government immediately.

4. On July 31, 1958, the Punjab Government sent a telegram, Ex.P-1, to the respondent at his home address as the respondent had already left for his home town on leave being granted to him as aforesaid. The telegram informed him that he had been suspended from service with effect from August 2, 1958. On that very day, i.e., on July 31, 1958, the Punjab Government sent to him a charge-sheet at the address of the Registrar, Co-operative Societies, Himachal Pradesh, who re-directed it to the respondent s said home address. By its letter dated August 2, 1958, the Himachal Pradesh Government informed the respondent that his services were reverted to the Punjab Government and that the leave granted to him had been curtailed by two days, i.e., upto August 2, 1958, instead of August 4, 1958, as originally granted.

5. On August 25, 1958, the respondent sent a representation to the Registrar, Co-operative Societies, Punjab in which he contended that he had already retired from service on August 4, 1958 and that the order of suspension which he received after that date and the order for holding the enquiry against him were both invalid. On October 6, 1958, the Punjab Government replied to him rejecting his aforesaid contentions and informed him that if he did not attend the said enquiry, the same would be held ex parte. It appears that the respondent attended the said enquiry, but under protest. On the completion of the enquiry, the officer holding it made his report and sent it to the Punjab Government. On August 14, 1959, that Government sent him a notice to show cause why the penalty of dismissal should not be awarded against him. The respondent sent his reply to the said notice. By its order dated May 28, 1960, the Punjab Government ordered the respondent s dismissal.

6. Thereupon, the respondent filed a writ petition in the High Court of Punjab challenging the order of dismissal and contending; (a) that the said enquiry was illegal as by the time it was started he had already retired from service, and (b) that the order of suspension which was sought to be served on him by the said telegram, dated July 31, 1958, was received by him after his retirement on August 4, 1958, and therefore, it could not have the effe