JUDGMENT :

MANISH CHOUDHURY, J.:— Heard Ms. V. Suokhrie, learned State counsel for the appellants and Mr. A. Zho, learned counsel appearing for the sole respondent.

2. These two writ appeals are preferred against the common judgment and order dated 19.3.2019 passed by the learned Single Judge in WP(C) No. 184(K)/2018 and WP(C) No. 185(K)/2018. By the said common judgment and order dated 19.3.2019, the learned Single Judge has set aside the orders, both dated 6.10.2017, passed by the Chief Secretary to the Government of Nagaland, whereby, the petitioners therein, i.e., the respondents herein were placed under suspension with immediate effect in exercise of powers conferred under rule 6(1)(a) of the Nagaland Services (Discipline and Appeal) Rules, 1967 (‘the Rules of 1967’).

3. The background facts, in brief, leading to the institution of the writ petitions are stated hereunder:

(i) The respondent in WA No. 5/2019, i.e., the petitioner in WP(C) No. 184 (K)/2018, was serving as a Joint Director in the Department of School Education, Nagaland, Kohima. While the respondent was so serving, he was given additional charge to look after the project of Inclusive Education of Disabled Students at the Secondary Stage (IEDSS) as Project Director during 2011-15.

(ii) The respondent in WA No. 6/2019, i.e., the petitioner in WP(C) No. 185(K)/2018, was serving as a Joint Education Officer (JEO), attached to RMSA, in the Department of School Education, Nagaland, Kohima. While the respondent was so serving, he was also given the additional charge to look after the project of IEDSS as Assistant Project Officer during 2011-2015.

(iii) Alleging irregularities in implementation of the said IEDSS project, a written complaint dated 31.8.2014 came to be filed before the Vigilance and Anti-Corruption, Kohima against the School Education Department by a Dy. SP (Vigilance) of the said Department. Based on the said complaint, a Special Investigation Team was constituted and a regular case being Regular Case No. 1/2015 was registered, on 20.2.2015, under section 409/420/120B/477A, Penal Code, 1860 (‘IPC’) read with section 13(1)(c)(cl) and 13(2) of the Prevention of Corruption Act, 1988 (‘the P.C. Act’) against the departmental officers including the respondents herein. Pursuant to the registration of said vigilance case, investigation was initiated and a charge sheet was stated to have been submitted, about which would be referred to in the subsequent paragraphs.

(iv) Thereafter, on 6.10.2017, the Chief Secretary to the Government of Nagaland passed the impugned orders placing the respondents in the present appeals under suspension, exercising powers under the provisions of rule 6(1)(a) of the Rules of 1967. The said order of suspension passed in respect of the respondent in W.A. No. 5/2019 is quoted here under:—

“GOVERNMENT OF NAGALAND

DEPARTMENT OF SCHOOL EDUCATION ORDER

Dated Kohima, the 6th October, 2017

NO. DSE/CSS/IEDSS/2-4/2015(Pt): Whereas a case against Dr. Chubanungsang, Joint Director School Education in respect of criminal offence is under investigation/inquiry/trial.

Now, therefore, the Governor in exercise of the powers conferred under rule 6(1)(a) of the Nagaland Services (Discipline and Appeal) Rules,1967 of Nagaland is pleased to order the suspension of Dr. Chubanungsang, Joint Director, School Education with immediate effect. It is further ordered that during the period that this order shall remain in force, the headquarters of Dr. Chubanungsang, Joint Director, School Education shall be Kohima and the said Dr. Chubanungsang, Joint Director, School Education shall not leave the headquarters without obtaining the previous permission of the competent authority.

During the period of suspension, Dr. Chubanungsang, Joint Director, School Education, Nagaland Kohima shall be entitled to a subsistence allowance at an amount of equal to the leave salary which he would have drawn under the leave rules applicable to him if he had been on leave or half average pa