The suspension pending enquiry is not an order of punishment but an interim measure to facilitate the enquiry and ensure smooth disposal of proceedings.

JUDGMENT

1. Heard Sri Sudhakara Rao Ambati, Learned Counsel for the Writ Petitioner (appearing through video conference) and Smt. M. Hemalatha, Ld. Assistant Government Pleader for Services-III, for Respondent Nos. 1 and 2.

2. Smt. M. Hemalatha, Ld. Asst. Government Pleader for Services-III has passed across the table the proceedings of the Secretary to Government issued to the Writ Petitioner dtd. 25/1/2024, which is the Charge Memo, indicating about the Articles of Charge framed against the Writ Petitioner.

3. The prayer in the present Writ Petition is as under:

"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 1st Respondent in issuing G.O.Rt.No.118, Labour, Factories, Boilers and Insurance Medical Services (Lab.I) Department dtd. 25/1/2024 where under the petitioner was suspended by the 1st respondent, as being illegal, arbitrary and unjust and consequently to set aside the said G.O., in the interest of justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

3. This Court has noticed at Para No.3 of the Impugned Order G.O.Rt.No.118 Labour Factories Boilers and Insurance Medical Services (Lab.1) Department, dtd. 25/1/2024 (Ex.P1) that in pursuance of a Report of the Commissioner of Labour, the Writ Petitioner was suspended by the Secretary to the Government (Labour, Factories Boilers and Insurance Medical Services (Lab.I) Department vide G.O.Rt.No.118 dtd. 25/1/2024 by exercise of powers conferred by Clause (a) of sub-rule (1) of Rule 8 of APCS (CCA) Rules, 1991. Para No.3 of the said proceeding is usefully extracted hereunder:

"3. And whereas the Government after careful consideration of report of Commissioner of Labour and having due regard to the circumstances of the case is satisfied that it is necessary to place Sri M. Rama Rao, Joint Commissioner of Labour, Visakhapatnam, under suspension."

4. Ld. Counsel for the Writ Petitioner would submit that the Writ Petitioner is performing quasi-judicial functions and therefore, the least that the Official Respondents could have done is to put the Petitioner on Notice before passing the Impugned Order. Smt. M. Hemalatha, Ld. Assistant Government Pleader has furnished across the table the 'Charge Memo' issued to the Writ Petitioner which is dtd. 25/1/2024. Ld. Counsel for the Writ Petitioner would respond that the Charge Memo, though is dtd. 25/1/2024, the same has been supplied to the Writ Petitioner only on 31/1/2024, whereas, the Writ Petitioner has filed the present Writ Petition on 30/1/2024 and the impugned Order has been passed in violation of principles of natural justice inasmuch as the Writ Petitioner ought to have been put on Notice before suspension.

5. In R.P. Kapur Vs. Union of India, (1964) 5 SCR 431, the Constitution Bench of Hon'ble Supreme Court held that the expression 'disciplinary matters' will also include 'suspension' by way of punishment as well as 'suspension' pending enquiry. The purpose of suspension pending enquiry is generally to facilitate the departmental enquiry and to ensure that in the course of enquiry, a public servant is not in a position to misuse his authority. Such a 'suspension', therefore, is a matter which relates to 'disciplinary matters'.

6. In P.L. Shah Vs. Union of India and Another: (1989) 1 SCC 546, the Hon'ble Supreme Court, at Para No.6, held as under:

6. An order of suspension is not an order imposing punishment on a person found to be guilty. It is an order made against him before he is found guilty to ensure smooth disposal of the proceedings initiated against him.

Such proceedings should be completed expeditiously in the public interest and also in the interest of the government servant concerned. ..................................... ................................................................................."

7. In Buddan