1. The sole point involved and raised in this petition is that under what circumstances a Government servant can be placed under suspension and, once pending inquiry he is transferred from the post held by him to another office, does it fulfill the purpose of suspension and, whether the Government has power to place such Government servant under suspension pending another inquiry into the same cause.

2. Petitioner happened to be Executive Engineer posted in Public Health Engineering Division, Badgam, when a test check of accounts of P.H.E. Divisions Badgam, Shopian and Bijbehara pertaining to period onwards July, 1984 to 15.12.1987 by Director Accounts & Treasuries in his report revealed that the engineers, officers, officials of the said Divisions appear to have in collusion with fake firms placed orders for supply of pipes, were manipulated and undue payment shown to have been made to such firms.

3. The Government vide Government Order No. 202-F&PHE of 1988 dated 4.3.1988 to fix the responsibility and to ascertain the extent of transactions genuineness of otherwise of supply orders, payments made and goods received, constituted a Committee of officers comprising of two Chief Engineers and also one Dy. Director, Accounts & Treasuries, to make a thorough probe in the matter and submit a report within a period of one month. Further in order to facilitate thorough examination of accounts without impediments, the Government ordered transfer of certain engineers, Officers, officials from the concerned divisions including that of petitioners from Badgam to Monitoring Cell in office of CE (PHE) Kashmir and then from Monitoring Cell in office of CE (PHE) Kashmir to power Development Civil Investigation & Designs Wing by the same Order dt. 4.3.1988.

4. It appears that on receipt of the deliberations of the Committee constituted for examination of accounts, having found a prima facie involvement of certain engineers, officers, officials of the Divisions indicated, on 4.10.1988 vide Govt. order No. 1460-GD of 1988 dt. 4.10.1988 ordered their suspension including that of the petitioner which order has been challenged herein.

We have heard learned counsel for the petitioner on admission point.

5. Mr. Shah, argued that by passing the suspension order, the Government has made undue exercise of powers second time in respect of the petitioner who for purpose of inquiry under rules, was transferred from his place of posting vide Government Order (Annexure B to the petition) No. 202-I&PH of 1988 dated 4.3.1988. The Government in accordance with the instructions attached to Rule 31, Jammu & Kashmir Civil Service (Classification, Control & Appeal) Rules, 1956, was not competent to pass another order, of suspension once purpose of enquiry was met by transferring the petitioner, which renders the suspension order impugned, passed subsequently invalid and liable to be quashed.

6. To appreciate the point, we need to refer to the relevant portion of the provision which empowers the Government to place a Government employee under suspension and relevant portion of same is reproduced in these words: -

"Rule 31. (1) The appointing authority or any authority to which it is subordinate or any authority empowered by the Government in this behalf, may place a Government servant under suspension whereof: -

(a) an inquiry into his conduct is contemplated or is pending; or

(b) a complaint against him of any criminal offence is under investigation or trial.

(2) A Government servant who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty-eight hours shall be deemed to have been suspended by the appointing authority under this rule".

What is required, firstly, that if an inquiry into the conduct of Government servant is contemplated or pending; or if any criminal complaint against the Government employee is under investigation or pending trial; or if he is taken into custody for more than 48 hours, which ordinarily warrant s

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