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1974 Supreme(All) 211

D. S. MATHUR, K. B. ASTHANA, SATISH CHANDRA, YASHODANANDAN, N. D. OJHA
STATE OF UTTAR PRADESH – Appellant
Versus
JAI SINGH DIXIT – Respondent


D. S. MATHUR, C. J.

( 1 ) THESE four Special Appeals Nos. 129, 137, 189 and 234 of 1974 arise out of writ petitions under Article 226 of the Constitution, wherein order of suspension pending inquiry was challenged. Jai Singh Dixit, respondent in Special Appeal No. 129 of 1974, Rama Kant Saxena, respondent in Special Appeal No. 137 of 1974, and Ganesh Dutt Joshi, respondent in Special Appeal No. 234 of 1974, were suspended under Rule 49a of the U. P. Civil Services (Classification, Control and Appeal) Rules (to be referred hereinafter as C. C. A, Rules), while Inder Deo Tiwari, respondent in Special Appeal No. 189 of 1974, under Rule 1a of the UP. Punishment and Appeal Rules. The order of suspension pending inquiry was quashed in the first two Special Appeals because the respondent was suspended before the framing of charges or completion of the preliminary inquiry, and there were no compelling or exceptional circumstances to depart from the normal rule not to place a Government servant under suspension before the framing of the charges. The order of suspension was quashed in the other two special appeals on the basis of the Full Bench decision in the State of U. P. v. Jawahar Lal B





























































































































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