Back
1995 Supreme(Guj) 282
Gujarat High Court
Judgename :M.R.CALLA
N.S.PATEL - Appellant
Versus
EXECUTIVE ENGINEER, PANAM IRRIGATION division - Respondent
S.C.A. 5284 of 1995
Decided On : 07/07/1995
Headnote:Gujarat Civil Services Discipline and Appeal Rules, 1971 - Rule 5 - Suspension - Contemplation or Pendency of disciplinary proceedings or enquiry - Is a condition precedent - In the instant case 22 persons suspended for their alleged failure to produce record relating to irregularities in maintenance and repair of the Panam Irrigation Project - Held, no disciplinary action contemplated against them - On facts and circumstances suspension of 18 persons not sustainable - Further, Senior officers spared for their failure to obtain record - Same deprecated.
In the instant case, it is not mentioned specifically in the order of suspension that any disciplinary inquiry is contemplated or pending against the petitioners and after going through the record only an impression is created that some inquiry may be under contemplation in the minds of the functionaries. In such peculiar facts and circumstances even if we go with this assumption in favour of the respondents that some sort of inquiry is being contemplated, the question still remains as to whether the impugned orders of suspension have been passed with due and active application of mind or not. The Court will not go into the sufficiency of the material nor the court may substitute its own satisfaction for the satisfaction of the concerned authorities. Nevertheless it may be examined as to whether the orders have been passed after due and proper applicat6ion of mind or not. So far as the petitioners other than 4 Deputy Executive Engineers who have been placed under suspension are concerned, there is total non-application of mind and these 18 employees and officers i.e. Overseers, Assistant Engineers and Additional Assistant Engineers have been placed under suspension only on the ground, as per this note, that they were associated with the 4 Sub Divisions. Therefore, so far as the suspension orders of these 18 employees and officers are concerned, at this stage, it can be said that except their association with the technical staff of 4 Sub Divisions, no further material whatsoever was available which could form the basis for their suspension on the ground that they were responsible in particular for not sending the records and therefore the suspension as has been ordered against these 18 employees and officers lacks application of mind and unless and until something in particular is pointed out against these employees i.e. Overseers, Assistant Engineers and Additional Assistant Engineers, their suspension cannot be sustained in the eye of law. In such matters no one should remain contended by sending letters or wireless message. The aforesaid officers should have made extra effort to prove efficiency and while taking such drastic action of suspension the Government was also supposed to take proper steps at all levels so as to ascertain at least prima facie as to who are the officers who are directly concerned rather than taking a blind action against the entire staff which itself speaks of non-application of mind.
[Paras 8 & 9]
Service Law - Suspension - Without application of mind - Condition precedent not followed - Suspension is not proper.
[See Paras 8 & 9]
( 1 ) THIS group of 22 Special Civil Application by D. B. is directed against the suspension of 22 employees who were working in Narmada and water Resources Department in the Panam Irrigation Project. The petitioners herein hold the posts of Assistant Engineer, Additional Assistant Engineer, Overseer and deputy Executive Engineer. All these petitioners have been placed under suspension by the orders passed on 30-6-1995 issued under the signatures of the Under Secretary to the Government in Narmada and Water Resources Department. The suspension orders had been placed on record while filing the Special Civil Application on 1-7-1995 on the ground that the orders had not been served upon the petitioners but it has been disputed by the learned Assistant Government Pleader, and according to the respondent they had been served on 30-6-1995 itself by pasting/affixing the suspension orders at the residence of the respective petitioners. The learned Counsel of the petitioners was, therefore, called upon to place the suspension orders on record and the suspension order as has been passed and produced before this Court today by the learned Counsel for the petitioners is reproduced as under : When the matter came up before this Court on 3-7-1995 Miss S. K. Mandavia, learned A. G. P. appeared on behalf of the respondents and submitted that she had entered into caveat in matter on behalf of the respondents. On the request of both the sides the matter was directed to be listed on 4-7-1995 for final disposal at admission stage. An affidavit-in-reply dated 4-7-1995 was filed on behalf of the respondents and the learned Counsel for the petitioners moved an amendment which was granted on 5-7-1995. Thereafter, a further affidavit dated 6-7-1995 was filed by the Under secretary through Babubhai L. Parmar working in Narmada and Water Resources department. Rule was issued on 6-7-1995. Service was waived by A. G. P. and the matters were heard. The learned A. G. P. has placed for the perusal of the Court a note recorded by the Minister concerned. It appears from the record produced before the Court that the Minister for Narmada Development Water Resource and water Supply recorded the above referred note on 14-6-1995 that there were serious irregularities in the maintenance of repair works of Panam Project and he had asked the Chief Engineer and the Joint Secretary to investigate the same. It is also recorded in this note that the officers of Quality Control had demanded the necessary records from the concerned officers but the same were not produced and therefore, the investigation of the serious irregularities and lapses in the maintenance and repair works of Panam Project was obstructed and this itself was a very serious matter. On this basis action was required to be taken against all concerned employees and officers. The employees and the officers of the Quality Control Department would, therefore, take up the investigation from 15-6-1995 and therefore, all the employees and officers who were having relevant records may produce the same so that there is no impediment in the investigation of the irregularities and lapses in the maintenance and repair works of Panam Project. The records were to be produced at the Head office, Godhra and all concerned may be informed accordingly. The matter may be taken up seriously and strict compliance may be made. Thereupon, on 16-6-1995 the Joint Secretary, Narmada and Water Resources Department sent a letter to the superintending Engineer, Panam Project, Godhra in the matter of production of the original record for the investigation of the works relating to Panam Irrigation project. This letter shows that investigation work was to be made with regard to the works of the Panam Irrigation Project, Panchmahals District, Panam Irrigation department, Godhra, for the period January 1995 to May 1995 and for that purpose the Chief Engineer, Quality Control and the Joint Secretary had required the producti
