State Of Orissa vs Bimal Kumar Mohanty on 21 February, 1994
5 WP-9945-2025
allegations imputed to the delinquent employee. The Court or the Tribunal must
consider each case on its own facts and no general law could be laid down in
that behalf. Suspension is not a punishment but is only one of forbidding or
disabling an employee to discharge the duties of office or post held by him. In
other words it is to refrain him to avail further opportunity to perpetrate the
alleged misconduct or to remove the impression among the members of service
that dereliction of duty would pay fruits and the offending employee could get
away even pending inquiry without any impediment or to prevent an
opportunity to the delinquent officer to scuttle the inquiry or investigation or to
win over the witnesses or the delinquent having had the opportunity in office to
impede the progress of the investigation or inquiry etc. But as stated earlier,
each case must be considered depending on the nature of the allegations, gravity
of the situation and the indelible impact it creates on the service for the
continuance of the delinquent employee in service pending inquiry or
contemplated inquiry or investigation. It would be another thing if the action is
actuated by mala fides, arbitrary or for ulterior purpose. The suspension must be
a step in aid to the ultimate result of the investigation or inquiry. The authority
also should keep in mind public interest of the impact of the delinquent's
continuance in office while facing departmental inquiry or trial of a criminal
charge.