The government's power to suspend and the process of voluntary retirement under FR 56 (c) were central to the judgment.

The petitioner has been founder Headmaster of Dekoria High School (now Dekona HS School) at Itakhola. He was allowed to officiate as the Principal of the said school by order dated 8.1.87 of the Director of Secondary Education. Assam and since then he has been working as officiating Principal of the said School. By a letter dated 20.2.2001, the petitioner informed the Director of Secondary Education, Assam that he has decided not to continue in service as Principal of the said school as he wanted to contest the forthcoming Assembly Election 2001 as a candidate of Congress (I). In the said letter dated 20.2.2001, the petitioner also intimated the Director of Secondary Education his decision to go on voluntary retirement and requested him to accept his request for voluntary retirement before 15th Marqh, 2001 so that he can be free to do the election work. When he did not receive any information from the Director of Secondary Education in reply to the said request for accepting his voluntary retirement, he wrote another letter dated 14.3.2001 to the Education Secretary, Govt of Assam requesting him to grant him voluntary retirement and to release him as soon as possible. But he received an order dated 17.3.2001 from the Director of Secondary Education, Assam placing him under suspension pending drawal of departmental proceeding against him. In the said order dated 17.3.2001, it was mentioned that the petitioner was placed under suspension pending drawal of departmental proceeding pursuant to Govt order dated 16.3.2001. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for quashing the said order of suspension dated 17.3.2001 and for directing the respondents to allow the petitioner to go on voluntary retirement with immediate effect.

2. Mr. AK Bhattacharyya, learned counsel appearing for the petitioner submitted that the order of suspension was arbitrary and violative of Article 14 of the Constitution. He further submitted that the Govt has placed the petitioner under suspension pursuant to a letter written by the MLA, Sotia Constituency and the records will show that the order of suspension has been passed on political grounds. According to Mr. Bhattacharyya the order of suspension is vitiated by malafide and is liable to be quashed. He further argued that since the petitioner was himself opting to go out from service by voluntary retirement, there was no necessity for placing the petitioner under suspension and the order of suspension was passed without any application of mind.

3. Mr. Chinmoy Choudhury, learned Senior Govt Advocate, on the other hand, produced the records and submitted that the petitioner has been in the habit of indulging in politics while functioning as the Principal of the school and for this reason he has been placed under suspension. He contended that the Govt had the power under the relevant rules to initiate disciplinary proceeding against the petitioner for indulging in political activities and to place him under suspension.

4. There is no. dispute over the proposition that Govt has the power to initiate disciplinary proceeding against a Govt servant and place him under suspension pending completion of such disciplinary proceeding. But the power of the Govt to place a Govt servant under suspension cannot be exercised arbitrarily or with malafide or without any application of mind. In State of Orissa vs. Bimal Kumar Mohanty, AIR 1994 SC 2296, the Supreme Court held that the order of suspension can be passed only after taking into consideration the gravity of the misconduct sought to be inquired into or investigated and the nature of evidence placed before the disciplinary authority and on application of mind by the disciplinary authority. The disciplinary authority should consider all relevant aspects and decide whether it is expedient to keep an employee under suspension pending disciplinary proceeding. It should not be as an administrative routine and should not

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