H.L. Mehra vs Union Of India (Uoi) And Ors. on 23 April, 1974
In H.L. Mehra v Union of India and Others, a question arose whether the order of suspension comes to an end on dismissal of the employee and on setting aside the dismissal order, or whether the order of suspension revives and continues under the rules - clause (5-b) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Justice Bhagwati speaking for the Court elaborately considered the rival contentions and held that the order of suspension made against the appellant was one made pending enquiry and it was not an order imposing penalty after the enquiry and after enquiry, an order of dismissal was passed as a penalty, and with the order of dismissal, the order of suspension lapses and held that the order of dismissal replaces the order of suspension which has ceased to exist.