Law: Civil Services (Classification, Control and Appeal) Rules

Section: 49

Government servant-Suspension order for indefinite period Validity-Whether removal-Civil Service (Classification, Control and Appeal) Rules.   The petitioner was suspended from Government service pend ing investigation by the Police. The case was later withdrawn but the suspension continued for completing Departmental enquiry. More than five years elapsed but the petitioner was neither furnished with any grounds nor charge-sheeted.   Held, that there is nothing in the terms and conditions of service of the Government servant which authorises the Govern ment to issue a suspension order for an indefinite period.   Held further, that under the Service Rules there is ample power with the Government to suspend a Government servant both as a measure of penalty and during the pendency of the departmental enquiry. But all actions taken under these rules must be based on the principles of natural justice, otherwise there was no need to frame them. The power of suspension, therefore must be exercised in a reasonable and fair manner. The moment the effect of the exercise of such power is found to be unfair and unjust, the Government servant will be entitled to challenge it, and Courts of law if satisfied that such orders are based on arbitrary exercise of power will not hesitate to set them aside as they will be in clear violation and breach of statutory rules.   Syed Muhammad v. The Government of West Pakistan P L R 1957 Lah. 487 ref.   Held also, that suspension does not amount to removal or dismissal within the meaning of Rule 49 of the Civil Services (Classification, Control and Appeal) Rules. JUDGMENT   WAHIDUDDIN AHMED, J.-By this writ petition the petitioner has challenged the order of respondent No. 2 dated 17th November 1952, under which he has been suspended from service.   The petitioner was employed on 1-4-1948 as Lower Division. Clerk in the Central Stamp Office Karachi. On 31-8-1950 he was promoted as an Upper Division Clerk in the same office. Pending an inquiry on 17-11-1952 he was suspended from service. The C. I. D., Crime Branch (2) Karachi, submitted an interim charge sheet against 5 employees of the Stamp Office…