Civil Appeal No 200 N of 1971
From the Judgment and Order dated 1 5
1970 of the Orissa High Court in O J C No 1070
AND Civil Appeal No 201 of 1971 From the Judgment and Order dated 28470 of the Orissa High Court in OJC No 10170
G section Chatterjee for the appellants in both the appeals
Ex Parte for the respondents in both the appeals
The Judgment of the Court was delivered by BALAKRISHNA ERADI J
In these two appeals filed by Special leave against two judgments of the Orissa High Court the question raised is identical namely whether an order of suspension from service passed against a Government servant falls within the scope and purview of article 31 of the Constitution
The judgment appealed against in Civil Appeal No 201 of 1971 is prior in point of time and in the judgment under challenge in C A No 200 of 1971 the High Court has merely followed the former judgment
We shall therefore refer only to the facts relating to C A No 201 of 1971
964 The respondent Shri Ram Parshad was appointed as a Forester by the Conservator of Forests Berhampur District Ganjam on 1771952
Subsequently while working as a Forester under the District Forest Officer Ghumsur North Division the respondent was placed under suspension by an order dated 26 21969 passed by the said District Officer pending enquiry into charges of negligence of duties The respondent thereupon filed a Writ Petition in the High Court of Orissa under article 226 of the Constitution challenging the order of suspension passed against him on the ground that it was made in contravention of article 311 of the Constitution as well as rule 12 of the Orissa Civil Services Classification Control and Appeal Rules 1962 hereinafter called the  Rules 
The High Court by its impugned judgment allowed the Writ Petition and quashed the order of suspension holding the same to be in contravention of article 311 1 of the Constitution
The High Court took the view that inasmuch as the respondent had been appointed as Forester by the Conservator of Forests he could not have been validly suspended from service by the District Forest Officer who is an authority subordinate to the Conservator of Forests
The correctness of this view taken by the High Court is called in question by the appellant the State of Orissa in these two appeals
An order of suspension passed against a Government servant pending disciplinary enquiry is neither one of dismissal nor of removal from service within article 311 of the Constitution
This position was clearly laid down by a Constitution Bench of this Court in Mohammed Ghouse vs State of Andhra1
It is unfortunate that this decision was not brought to the notice of the learned Judges of the High Court
Clause l of article 311 will get attracted Only when a person who is a member of Civil Service of the Union of an All India Service or a Civil Service of a State or one who holds a civil post under the Union or a State is dismissed or removed  from service
The provisions of the said clause have DO application whatever to a situation where a Government servant has been merely placed under suspension pending departmental enquiry since such action does not constitute either dismissal or removal from service
The High Court was therefore manifestly in error in quashing the order of suspension passed against the respondent on the ground that it was violative of clause 1 of article 311 of the Constitution
Rule 12 of the Rules lays down that the appointing authority 1  965 or any authority to which it is subordinate or authority empowered by the Governor or the appointing authority in that behalf may place a Government servant under suspension where a disciplinary proceeding against him is either contemplated or is pending
It is not in dispute that under a Notification issued by the State Government in exercise of the powers conferred by Rule 11 of the Rules the District Forest Officer was constituted the appointing authority in respect of Foresters with effect from 751962
It is therefore clear that on the date on which the impugned order of suspension was passed 2621969 the District Forest Officer under whom the respondent was working in the Ghumsur North Division was fully competent to pass the impugned order of suspension
Hence the High Court was perfectly right in rejecting the further contention advanced before it by the respondent herein that the impugned action had been taken in violation of the provisions of Rule 12
We accordingly allow this appeal C A No 201 of 1971 set aside the judgment of the High Court and dismiss the Writ Petition in O J C No 10 of 1970
The parties will bear their respective costs for this Court In the light of the legal position enunciated above it follows that C A No 200 of 1971 has also to be allowed
The judgment of the High Court is accordingly set aside and the Writ Petition filed by the respondent therein O J C No 101 of 1970 will also stand dismissed
The parties will bear their respective costs in this appeal also
MLA Appeal allowed


Summary:
The respondent in CA No 201 of 1977 was appointed as a Forester by the Conservator of Forests
He was placed under suspension pending enquiry into charges of negligence of duties on 2621969 by the District Forest Officer under whom he was working
He challenged before the High Court under article 226 the validity of the order of suspension on the ground i that the order was made in contravention of article 311 of the Constitution and ii that it was also violative of Rule 12 of the Orissa Civil Services Classification Control and Appeal Rules 1962
The High Court while rejecting the second contention held that the order was violative of clause 1 of Art 311 inasmuch as the respondent could not have been validly suspended from service by the District Forest Officer who is an authority subordinate to the authority which originally appointed him namely the Conservator of Forests
The question of law raised in CA No 200 N71 also identical
Allowing the appeals  HELD 1 An order of suspension passed against a Government servant pending disciplinary enquiry is neither one of dismissal nor of removal from service within article 311 of the Constitution Clause 1 of article 311 will get attracted only when a person who is a member of Civil Service of the Union or an All India Service or a Civil Service of a State or one who holds a civil post under the Union or a State is dismissed  or removed from service
The provisions of the said clause have no application whatever to a situation where a Government servant has been merely placed under 963 suspension pending departmental enquiry since such action does not constitute either dismissal or removal from service
964E G 2 The High Court was right in rejecting the second contention of the respondent
Rule 12 of the Rules lays down that any authority empowered by the Governor or the appointing authority in that behalf may place a government servant under suspension where a disciplinary proceeding against him is either contemplated or is pending
In the instant case it is not in dispute that under a Notification issued by the State Government in exercise of the powers conferred by Rule 11 of the Rules the District Forest Officer was constituted the appointing authority in respect of Foresters with effect from 751962
It is therefore clear that on the date on which the impugned order of suspension was passed 2621969 the District Forest Officer under whom the respondent was working in the Ghumsur North Division was fully competent to pass the impugned order of suspension
964H 965A C Mohammad Ghouse vs State of Andhra Pradesh  followed