( 1 ) THE writ petitioner herein was appointed as Nirapatta Karmi, Santiniketan the pettioner's service was extended by the authority of Visva-Bharati from time to time By an office order dated March 16,1990 the Upacharya regularized the servces of the Group- 'd' employees including the petitioner

( 2 ) BY another officer order dated 20 08 1991 the authority concerned attached the petitioner to Sriniketan Cash Section until further order In the said office order direction was given to release the petitioner immediately and accordingly, Security Officer, Visva-Bharati was requested to release the petitioner Pursuant to the said office order, the petitioner joined his duty by submitting the joining report

( 3 ) BY another office order dated 03 12 1997 the petitioner was placed in the next higher scale of pay Thereafter, the petitioner was granted temporary promotion to the post of Jr Office Assistant-cum-Typist at Snniketan Accounts office Accordingly, the petitioner joined the promoted post submitting his joining report dated 11 061999

( 4 ) THE petitioner, thereafter, got involved in a criminal case under Sections 420/409 of I P C read with Section 7 of the Prevention of Corruption Act, 1988

( 5 ) ON 30 10 2000 the petitioner was suspended On 20 12 2000 he was released on bail On 7th January, 2001 the petitioner made representation before the authority to allow him to resume his duty after revocation of the suspension order but that was not done as yet and as such the petitioner challenging the order of suspension has moved this instant writ petition

( 6 ) AFFIDAVIT-IN-OPPOSITION was filed on behalf of Visva-Bharati where xerox copy of relevant Service Rule (relevant provision) for suspension has been annexed Rule 48 was the said relevant provision Rule 48 is quoted here inbelow -"48 Suspension (1) The 'appointing authority or any other authority empowered by this Karma-Samiti in this behalf may place employee, under suspension (a) when a disciplinary proceedings against him is contemplated or pending, or (b) when a case against him in respect of a criminal offence is under investigation, enquiry or trial, or (c) when he is detained in custody, whether on a criminal charge of otherwise, for a period exceeding forty-eight hours. or (d) when on conviction for an offence he is sentenced to a term of imprisonment exceeding forty-eight hours provided that in all such cases where an order of suspension is made by an authority lower than the appointing authority such authority shall within two days report to the appointing authority the circumstances in which the order was made note Failure on the part of the employee to intimate to his official superiors the fact of his arrest or his arraignment before a Court of law on a criminal charge shall be regarded as a suppression of material information and shall render him liable for disciplinary action on that ground alone, apart from the action that may be called for on the outcome of the criminal case against him (2) Where a penalty of dismissal, removal or compulsory retirement from service, imposed upon an employee under suspension, is set aside (in appeal or review under these rules, and the case is remitted for further enquiry or action or with any other direction, the order of his suspension shall be deemed to have continued on all from the date of his original order of dismissal, removal or compulsory retirement till the revived proceedings are completed (3) An order of suspension made under this rule shall continue to remam in force until it is modified or revoked by a Court or the authority which passes the order of suspension or the superior authority competent to do so or until it merges in the final order of penalty or acquittal (4) Where the order of penalty is set aside or declared or rendered word by the decision of a Court of competent jurisdiction the order of suspension will automatically lapse unless the University obtains a stay order from the Court to file an appeal

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