Judgment

BALAKRISHNA ERADI, J.:- In these two appeals filed by Special leave against two judgments of the Orissa High Court the question raised is identical namely whether an order of suspension from service passed against a Government servant falls within the scope and purview of Art. 311 of the Constitution. The judgment appealed against the Civil Appeal No. 201 of 1971 is prior in point of time and in the judgment under challenge in C. A. No. 200 of 1971 the High Court has merely followed the former judgment. We shall, therefore, refer only to the facts relating to C.A. No. 201 of 1971.

2. The respondent Shri Ram Parshad was appointed as a Forester by the Conservator of Forests, Berhampur, District Ganjam, on 17-7-1952. Subsequently while working as a Forester under the District Forest Officer. Ghumsur North Division the respondent was placed under suspension by an order dated 26-2-1969 passed by the said District Officer, pending enquiry into charges of negligence of duties. The respondent thereupon filed a Writ Petition in the High Court of Orissa under Art. 226 of the Constitution challenging the order of suspension passed against him on the ground that it was made in contrave