JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Manoj Paranjpe, learned counsel, appearing for the appellant. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents.

2. This appeal is presented against an order dated 07.03.2022 passed by the learned Single Judge in Writ Petition (S) No. 1510 of 2022, wherein the challenge made to an order dated 04.02.2022 by which the appellant was placed under suspension for the second time, was dismissed.

3. The appellant-petitioner is a Principal of Government Higher Secondary School, Tuman, District Korba, Chhattisgarh. By an order dated 07.09.2021 passed by the Under Secretary, School Education Department, he was placed under suspension under the provisions of Section 9(1)(a) of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966, for short, the Rules of 1966, on the grounds that (i) he used to treat his subordinate staff unequally, (ii) he did not pay any heed to the suggestions/requests of the local public representatives and the parents of the students, (iii) he used to pollute the atmosphere of the school, (iv) he made the students carry out a rally and raise slogans in connection with incident of theft and ransacking to the property of the school, (v) in the brief audit, some financial irregularities were detected. It is stated in the said order that the aforesaid acts of the appellant is a serious misconduct in terms of Rules 3 and 5 of the Chhattisgarh Civil Services (Conduct) Rules, 1965, for short, the Rules of 1965.

4. As the charge sheet could not be issued within a period of 90 days, the order of suspension dated 07.09.2021 was revoked and the petitioner again started to discharge his duties as a Principal. Subsequently, a charge-sheet was issued by the Under Secretary, School Education Department, on 04.02.2022 stating that a disciplinary action is proposed against the appellant under the provisions of Rule 14 of the Rules of 1966. As many as 08 charges were framed against the appellant. On the very same day, the appellant was again placed under suspension under the provisions of Rule 9(1)(a) read with Rule 9(5)(b) of the Rules of 1966.

5. The translated version of the charges levelled against the appellant are as under:

“1. That, while posted as Principal, Government Higher Secondary School, Tuman, since 25.06.2008, you have been behaving with the staff and the people of the village in an indisciplined and biased manner.

2. That, you have realised a sum of Rs.10,000/- at the rate of Rs. 500 per teacher for doing the data entry in Karmik Sampada.

3. That, in the name of ransacking and theft in the school, under your leadership, you took out a rally of students in the village and made them raise slogans. This act of yours is encouraging indiscipline amongst the students.

4. That, you have withheld/deducted salary of 04 employees of the institution, namely, Shri B.K.Bais (PTI), Shri Kapilram Sahu (Lecturer), Shri K.P.Kurrey (Lecturer) and Shri Rajaram Paikra (Assistant Teacher) for various reasons.

5. That, you are providing House Rent Allowance to two of the teachers, namely, Shri Manharan Lal Sahu, Lecturer and Shri Dukhiram Patel, UDT, of your institution despite they having been allotted government accommodation in the school.

6. That, after December 2019, you have not granted project allowance as per rules to most of the employees despite their working in the project area.

7. That, you have twice paid an amount of Rs. 1000/- on the same date to Mr. Gajendra for transporting stationary by vehicle No. CG 10 VA 7765, through Local Examination Fund Voucher No. 276, dated 29.07.2015 and 277, dated 29.07.2015.

8. That you have withdrawn a sum of Rs. 13,800/- by attaching bills of various general stores and photocopy centers and thereby committed financial irregularities.

The above act of yours falls under the category of grave misconduct and is against Rule 3 and 5 of the Chhattisgarh Civil Services (Conduct) Rules, 1965.”

6. Mr. M