Judgment

S.C. AGRAWAL, J.:-This appeal is directed against the order dated October 12, 1992 passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as the Tribunal). The question that arises for consideration is whether the order dated November 25, 1991, whereby Hari Ram Yadav, respondent No. 1, was placed under suspension during the pendency of disciplinary proceeding initiated against him, has been passed in accordance with the provisions of Rule 3(1) of the All India Services (Discipline and Appeal) Rules, 1969 (hereinafter referred to as the Rules).

2. Respondent No. 1 is a member of the Indian Forest Service and belongs to Haryana State cadre of the said service. Disciplinary proceedings were initiated against him on the basis of charge-sheet dated April 29, 1990. During the pendency of the said disciplinary proceedings another chargesheet dated November 25, 1991 was issued. On the same day, i.e., November 25, 1991, an order was passed whereby respondent No.1 was placed under suspension. Respondent No. 1 filed a petition (O.A. No. 1573/CH/91) under S. 19 of the Administrative Tribunals Act, 1985 which has been allowed by the tribunal by order dated October 12, 1992, and the said order of suspension has been quashed.

3. The impugned order of suspension reads as under :

"In accordance with Rule 3(1) of All India Services (Discipline & Appeal) Rules, 1969 (for short the Rules) suspension of an officer can be ordered against whom disciplinary proceedings are pending or contemplated. The Governor of Haryana is pleased to suspend Shri Hari Ram Yadav, IFS, Deputy Conservator of Forests now appointed as Forest Expert in the Rural Development Department, Haryana with immediate effect for the following:

i) Misuse of funds under the "Million Wells Scheme" in which it has been prima facie established that Shri Hari Ram, IFS while he was posted as Divisional Forest Officer, Morni at Pinjore, Distt. Ambala had taken up the execution of this scheme without the approval of the Govt. and did not receive Govt. approval for spending Rs. 50,00,000/ received as financial assistance from the Development Department. There has been misappropriation of funds and labour has not been paid the wages. A departmental enquiry has been ordered.

ii) A charge-sheet has been issued under Rule 8 of the All India Services (Punishment and Appeal) Rules, 1969 for committing irregularities while posted at Kurukshetra as Deputy Conservator of Forests.

iii) He has been charge-sheeted under Rule 10 of the All India Services (Punishment & Appeal) Rules, 1969 for unauthorised purchase of VCR/TV and its mis-use."

4. Rule 3(1) of the Rules is in the following terms:

"PART-II-SUSPENSION-

3. Suspension- (i) If, having regard to the circumstances in any case and, where articles of charge have been drawn up, the nature of the charges, the Government of a State or the Central Government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the service, against whom disciplinary proceedings are contemplated or are pending, that Government may-

(a) if the member of the service is serving under that Government, pass an order placing him under suspension, or

(b) if the member of the Service is serving under another Government request that Government to place him under suspension,

pending the conclusion of the disciplinary proceedings and the passing of the final order in the case.

Provided that, in cases, where there is a difference of opinion,-

(i) between two State Governments, the matter shall be referred to the Central Government for its decision;

(ii) between a State Government and the Central Government, the opinion of the Central Government shall prevail:

Provided further that, where a State Government passes an order placing under suspension a member of the service against whom disciplinary proceedings are contemplated, such an order shall not be valid unless, before the expiry of a period of forty-fi