The validity of a suspension order under Rule 9(1) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 is determined by the pendency of a criminal case, and lack of sanction for prosecution does not invalidate the suspension.

Sujoy Paul, J.

1. This petition filed under Article 226 of the Constitution challenges the order dated 11.2.2013 (Annexure P-1), whereby the petitioner was placed under suspension. The order dated 25.3.2014 (Annexure P-2) is also called in question, whereby petitioner's appeal is rejected by the appellate authority.

2. The petitioner has challenged the suspension order on the ground that he is placed under suspension on filing challan against him before the competent court. Shri Jitendra Sharma submits that as per proviso to Rule 9(1) of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966, the said power can be invoked only when challan is filed after obtaining sanction by competent authority to prosecute the petitioner. It is submitted that in the present case, admittedly, no such sanction is given by the competent authority and, therefore, the suspension is bad in law. Another ground of challenge is that an FIR was registered against the petitioner which was challenged by him in M.Cr.C. No. 323/13. On 21.1.2013, this Court directed that no coercive steps be taken against the petitioner. Thus, in view of this interim protection, issuance of suspension was impermissible. It is submitted that certain co-accused also challenged the FIR by filing similar petitions. Similar interim protection was given to them. They were not placed under suspension. Thus, petitioner is subjected to discriminatory treatment. The appellate order is challenged on the ground that the appellate authority has not decided the appeal on merits and matter was directed to be decided by a Committee constituted as per G.A.D's circular dated 28.1.2013. Lastly, it is submitted that the said Committee has not done anything and, therefore, suspension order needs to be interfered with by this Court.

3. Shri A.S. Rathore, PL opposed the petition.

4. It is apposite to quote Rule 9(1) before dealing with the rival contentions of the parties, which reads as under:-

"9(1):-The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Governor by general or special order, may place a Government servant under suspension-

(i) where a disciplinary proceeding against him is contemplated or is pending, or

(ii) where a case against him in respect of any criminal offence is under investigation, inquiry or trial

Provided that a Government Servant shall invariably be placed under suspension when a challan for a criminal offence involving corruption or other moral turpitude is filed after sanction of prosecution by the Government against him."

5. The bone of contention of Shri Sharma is that the petitioner can be placed under suspension on filing of challan under aforesaid proviso only when there exists a valid sanction for prosecution by the competent authority. In absence of sanction, suspension order is bad in law. A plain reading of sub-rule (1) makes it crystal clear that a Government servant can be placed under suspension in following eventualities:-

"(i) where a disciplinary proceeding against him is contemplated or is pending, or

(ii) where a case against him in respect of any criminal offence is under investigation, inquiry or trial".

6. The suspension order clearly shows that petitioner is placed under suspension because Crime No. 302/08 is registered against him for trying the offences under Sections 420, 467, 468, 471, 120-B, 167 & 201 IPC. A Criminal Case No. 2196/12 is registered against the petitioner. Challan has been filed on 21.12.2012.

7. The basic enabling provision for the purpose of placing an employee under suspension is Rule 9(1). It is crystal clear that if a criminal case is under investigation, enquiry or trial, employee can be placed under suspension. The proviso makes it obligatory for the department to place the employee under suspension when a challan is filed after obtaining sanction from the Government in cases involving offences relating to mor