1. IAS officer suspended under Rule 3(3) of All India Services (Discipline & Appeal) Rules, 1969, pending investigation into a criminal case. (Para 2 , 3 , 4 , 6 )
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1999 Supreme(SC) 426
SUPREME COURT OF INDIA
R.C.Lahoti : S.Saghir Ahmad
K.Sukhendar Reddy
Versus
State Of A.P.
Case No. : 2200 of 1999
Date of Decision : 4/5/99
An officer cannot be kept under indefinite suspension under the All India Services (Discipline & Appeal) Rules, 1969, if no disciplinary proceedings are contemplated and no charge sheet has been filed in a criminal case, especially when the suspension appears selective.
Headnote:(A) All India Services (Discipline & Appeal) Rules, 1969 - Rule 3(1) and Rule 3(3) - Suspension of a member of service - Suspension pending disciplinary proceedings versus suspension due to involvement in a criminal case - Where it is admitted that no disciplinary proceedings are contemplated and the criminal investigation has been pending for a prolonged period without the filing of a charge sheet, the officer cannot be kept under suspension for an indefinite period (Para 7).
(B) Administrative Law - Selective suspension - Government cannot be permitted to place an officer under suspension merely to exhibit that action is being taken, especially when other senior officers may be similarly involved but are not suspended (Para 7).
Facts of the case:
A member of the service was initially placed under suspension pending disciplinary proceedings. This order was later substituted, stating that no disciplinary proceedings were contemplated, but the officer was being suspended due to involvement in a criminal case under the Indian Penal Code. The investigation by the investigating agency remained pending for approximately two and a half years without a charge sheet being filed. It was further noted that other senior officers might be involved in the same case, yet only the appellant was placed under suspension.
Findings of Court:
The court found that the officer could not be kept under suspension indefinitely in the absence of contemplated disciplinary proceedings and the failure to file a charge sheet in the criminal case.
Issues: Whether an officer can be kept under suspension indefinitely under Rule 3(3) of the All India Services (Discipline & Appeal) Rules, 1969, when no disciplinary proceedings are contemplated and no charge sheet has been filed in the related criminal case.
Ratio Decidendi: An officer cannot be subjected to indefinite suspension when disciplinary proceedings are not contemplated and the criminal investigation is prolonged without a charge sheet, particularly when such suspension appears to be selective and used merely to feign action against high-ranking officials.
Result: Appeal allowed and suspension order set aside with direction that the appellant shall be put back to duty and shall be paid all his arrears of salary.
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Table of Contents
2. Challenge to the validity of indefinite suspension under Rule 3(3) of All India Services (Discipline & Appeal) Rules, 1969, where no disciplinary proceedings are contemplated. (Para 6 , 7 )
3. Suspension cannot be indefinite when disciplinary proceedings are not contemplated and investigation is prolonged, particularly if other similarly situated officers are not suspended. (Para 7 )
4. A government servant cannot be kept under suspension indefinitely under Rule 3(3) of All India Services (Discipline & Appeal) Rules, 1969, without contemplated disciplinary proceedings. (Para 7 )
5. Suspension order set aside; appellant reinstated with arrears of salary, subject to potential re-suspension upon filing of a chargesheet. (Para 8 )
6. Can a member of the All India Services be suspended if no disciplinary proceedings are contemplated?
Yes, under Rule 3(3) of the All India Services (Discipline & Appeal) Rules, 1969, a member of the All India Services who is involved in a criminal case may be placed under suspension. (Para 5 )
7. Is indefinite suspension permissible pending a criminal investigation without contemplated disciplinary proceedings?
No, an officer cannot be kept under suspension for an indefinite period when disciplinary proceedings are not contemplated, especially when the investigation is prolonged. (Para 7 )
8. Can the government suspend only one officer among several potentially involved individuals to demonstrate action?
No, the government cannot place an officer under suspension merely to feign that action is being taken against high-status officers, especially when others may be involved. (Para 7 )
(1) LEAVE granted.
(2) THE appellant, who is a member of the Indian Administrative Service, was placed under suspension by order dated 6/2/1997 passed under Section 3(1 of All India Services (Discipline & Appeal) Rules, 1969, in contemplation of disciplinary proceedings which were proposed to be initiated against him. This order was substituted by order dated 13/2/1997 in which it was stated, inter alia, as under:
"ON a close scrutiny of the case, it was noticed that no disciplinary proceedings under All India Services (Discipline & Appeal) Rules, 1969 are contemplated against the Member of Service as of now. However, prima facie involvement and complicity of the Member of service in a case registered in CR.No. 327/96 under Section 468,471,409 and 420 read with 120(b), Indian Penal Code of Anakapally Town Police station came to light during the course of investigation into the said case by the C.I.D. The investigation by the C.I.D. is still in progress. The result of the final investigation by the above organisation may lead to a Criminal charge against those involved in the case if the prima facie conclusions are confirmed. As such, placing the Member of service under suspension in exercise of the powers conferred under Rule (3 of the All India Services )Discipline & Appeal) Rules, 1969 has to be (sic) instead of Rule 3 (1 thereof."
(3) IT was for the above reasons that the order of suspension was passed under Rule 3 (3 of the All India Service (Discipline & Appeal) Rules, 1969. This order appears to have been passed on the letter of the Additional Director General of Police, C.I.D., A. P., addressed to the Chief secretary to government of A. P., in which it was suggested that the government may consider taking suitable action against the appellant and if considered desirable, he may be placed under suspension in public interest pending enquiry into the matter.
(4) THE Criminal case referred to in the subsequent suspension order is based on a complaint of Malla Jagannadhan to the Superintendent of Police, Visakapattanam, dated 1/12/1996, on the basis of which a Crime case No. 326 of 1996 under S. 468, 420, 406 read with 120B Indian Penal Code was registered at Anakapalli Town Police Station which is still under investigation by the C.I.D.
(5) RULE 3 of the All India Services (Discipline & Appeal) Rules, 1969 consists of two parts. The first part is contained in Sub-ruled), which provides that a member of the All India Services can be placed under suspension pending disciplinary proceedings against him. The other part is contained in Sub-Rule (3 which provides that a member of the All India Services, who is involved in a criminal case, may be placed under suspension.
(6) THE appellant was placed under suspension on 6/2/1997 by an order passed by the Chief secretary to the Govt. of A. P. under Sub-Rule (1 of Rule 3 till the completion of the disciplinary proceedings against him. This order was subsequently replaced by another order passed on 12/3/1997, in which it was clearly spelt out that disciplinary proceedings against the appellant were not at all contemplated, but since he was involved in Crime case No. 327 of 1996 registered under S. 468, 471, etc. by Anakapalli Town Police Station, he was being placed under suspension. This matter is still under investigation by the C.I.D. and a chargesheet has not yet been filed in the case.
(7) ANOTHER vital fact which has come on record is that in the criminal case a number of senior I.A.S. officers, even senior to the appellant, may be found involved, but nothing positive or definite can be said as yet as the investigation is likely to take time. The matter is pending with the Police since 1/12/1996 when the F.I.R.was lodged at Anakapalli Town Police Station.The investigation has not been completed although about two and half year has passed. We do not know .how long will it take to complete the investigation. That being so, the officer of the rank
