# STATE OF ORISSAAND ORS. ./A v. BAIDHAR SAHU MAY2, 2000

- **Citation:** [2000] 3 S.C.R. 911
- **Court:** Supreme Court of India
- **Decided:** 2000
- **Case number:** Civil Appeal No. 3015of1997
- **Bench:** V.N. Khare, S.N. Phukan
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-orissaand-ors-a-v-baidhar-sahu-may2-2000-17435
- **Pages:** 3

## Headnote

- ).
Service Law:
Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 :
Rule 12-Power of Collector to suspend an employee in contemplation
of disciplinary proceedings-Stipendiary Engineer appointed by State Government and working in connection with affairs of community developmentDisciplinary proceedings against in contemplation-Order passed by District
Collector suspending him-Orissa Administrative Tribunal holding that
Collector had no such power-Held, Collector was empowered by Governor
to suspend a Government servant working in connection with affairs of
community development-Said power continued to be exercisable by Collector
even after delegation of power on him to impose minor punishment.

## Text

STATE OF ORISSAAND ORS.
./A
v.
BAIDHAR SAHU
MAY2, 2000
[V.N. KHARE AND S.N. PHUKAN, JJ.]
- ).
Service Law:
Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 :
Rule 12-Power of Collector to suspend an employee in contemplation
of disciplinary proceedings-Stipendiary Engineer appointed by State Government and working in connection with affairs of community developmentDisciplinary proceedings against in contemplation-Order passed by District
Collector suspending him-Orissa Administrative Tribunal holding that
Collector had no such power-Held, Collector was empowered by Governor
to suspend a Government servant working in connection with affairs of
community development-Said power continued to be exercisable by Collector
even after delegation of power on him to impose minor punishment.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3015of1997.
From the Judgment and Order dated 17.4.96 of the Orissa Administrative Tribunal, Bhubaneshwar in O.A. No. 196 of 1996.
Jana Kalyan Das for the Appellants.
The following Order of the Cotμt was delivered :
The short question that arises for consideration in this case is whether
the Collector of a District has the power to suspend the Stipendiary Engineer
appointed by the State Government and working in connection with the
affairs of the community development.
/
B
c
D
E
F
G
The respondent is a Stipendiary Engineer and at the relevant time was
posted at Daspantapur Block in the District of Koraput. Orissa. It appears that
since disciplinary proceedings were in contemplation against the respondent
H
911
912
SUPREME COURT REPORTS
[2000] 3 S.C.R. '
A
and, therefore, the Collector of Koraput by an order dated 8th April, 1996
suspended the respondent. The respondent challenged the aforesaid order of
suspension before the Orissa Administrative Tribunal on the ground that the
Collector had no authority to suspend him in contemplation of the departmental inquiry against him. The tribunal, on filing of the original application,
B
without issuing notice to the appellants, allowed the said application holding
that the Collector had no power to suspend the respondent. It is against the
saidjudgment the appellants are in appeal before us.
c
D
E
F
G
H
Despite service of notice, the respondent has not put in appearance in
this case. We, therefore, proceed to decide the matter in his absence.
Rule 12 of the Orissa Civil Services (Classification, Control and
Appeal) Rules, 1962 provides that the appointing authority or any authority
empowered by the Governor may place a government servant under suspension where a disciplinary proceeding agamst such a government servant is
in contemplation or where a case against such a government servant in respect
of any criminal offence is under investigation or trial. By an order dated
6.2.87, the Governor of Orissa in exercise of power under sub-rule (1) of Rule
12 of the Rules empowered the Collector of the district to suspend a
government servant worlcing in connection with ihe affairs of the Community
Development. Subsequently, the-governor has also empowered the Collector
of the district to inflict minor punishment on the government servants working
with the affairs of the community development.
The tribunal was of the view that since the Collector is empowered to
impose only minor punishments; the power of suspension could not be
delegated to the Collector, as power of suspension is exercisable only in the
case of major punishment. This view, according to us, is not legally correct.
It was not disputed before the tribunal that, under Rule 12, the Governor is
empowered to delegate the power of suspension on the Collector of the
district. Merely because the Governor subsequently has empowered the
Collector of the district to also inflict minor punishment, it does not mean
that by such delegation the Governor is denuded of his power to delegate
power of suspension on the Collector. Such a view of the tribunal is neither
borne out from reading of Rule 12 nor on the interpretation of the order dated
6th February, 1987. We are, therefore, of the view that once the Collector was
empowered by the Governor to suspend a government servant working in
-
STATE v. B. SAHU
913
connection with the affairs of the community development, the said power A
continued to be exercisable by the Collector even after delegation of power
on the Collector to impose minor punishment.
On the aforesaid view of the matter, the order under challenge is set
aside. The appeal is allowed. There shall be no order as to costs.
R.P.
Appeal allowed.
B