A question of common occurrence relating to the competence of an authority in one department to order the suspension of a Subordinate Officer received on deputation from another department arises for consideration in this case. Resolution of the same centers around the interpretation of Rules 10 and 19 of the Kerala Civil Services (Classification, Control and Appeals) Rules.

The question, in my view, seems to be res integra. I, therefore, heard the counsel on either side elaborately.

2. Petitioner, who entered Government service as Second Grade Surveyor in the Department of Survey and Land Records, was posted on deputation in various departments. He was suspended by the Divisional Forest Officer, Thrissur Division, second respondent herein. Said order of suspension has been challenged by the petitioner essentially on the ground that he could be suspended either by the appointing authority or by the authority to which the appointing authority is subordinate or by an authority who is empowered in that behalf. Contention is that the Divisional Forest Officer lacks jurisdiction to suspend an officer who belongs to the Department of Survey and Land records and who is posted in Forest department only on deputation. The scope of Rule 10 of Kerala Civil Services (CC & A) Rules, 1960, hereinafter referred to as "Rules", falls for consideration in this writ petition. Since the challenge is essentially on the ground of lack of jurisdiction, I have heard the counsel on either side only in relation to the said question.

3. Petitioner who entered service as Second Grade Surveyor, was later promoted as First Grade Surveyor with effect from 19.6.2007. Petitioner was deputed to the Divisional Forest Office, Thrissur, pursuant to an earlier deputation to various Departments. While so, by Ext.P7 order dated 211.2007, petitioner was suspended from service by the second respondent, Divisional Forest Officer, Thrissur. The relevant portion of Ext.P7 reads as follows:-

"It is convinced that there is a prima-facie evidence of dereliction of duty and disobedience of the orders of the superiors on the part of Sri.M.Abdul Nazeer, 1st Grade Surveyor.

In the circumstances explained above, Sri.M.Abdul Nazeer, 1st Grade Surveyor of this division is placed under suspension with immediate effect pending disciplinary action.

He is eligible for subsistence allowance as per rules."

4. I have heard the learned counsel for the petitioner Mr.T.R.Ravi and the learned senior Government Pleader Mr.Nandakumar. Learned counsel for the petitioner submits that the power to suspend a Government servant is contained in Rule 10 of the Rules. Relevant portion of Rule 10 reads as follows:-

"The appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in that behalf may at any time place a Government servant under suspension."

5. At least three different authorities are contemplated by Rule 10(1) of the Rules, as possessed with the requisite jurisdiction to place a government servant under suspension. Appointing authority is obviously competent to do so. An authority to which the appointing authority is subordinate is also competent. Since normally the Head of the Department is the appointing authority, opening portion of Rule 10 therefore, comprehends the Head of the department and the authority to which Head of the department is subordinate, which in most of the cases would be the Government itself. Since the Government is either the appointing authority or if an authority other than the Government is an appointing authority then the former is subordinate to the Government, in all cases government would obviously have jurisdiction to place any Government servant under suspension. There is a third category which is contemplated by Rule 10. This would be "any other authority empowered by the Government". The empowerment of an officer to place any other subordinate under suspension will obviously have to be done