HON’BLE THE CHIEF JUSTICE SHRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.A. Nos.91 and 99 of 2008 Date:12-2-2008 Between: Sushil Kumar Jain. … Appellant. (Appellant in both the Writ Petitions) and Sri Anand Mohan, Executive Director (Southern Region Transmission System-I) Power Grid Corporation of India Limited (A Government of India Enterprise) MCH Complex, Secunderabad-3 and another. . … Respondents. (Respondents in both the Writ petitions) :COMMON JUDGMENT: Per Anil R. Dave, CJ Sri Sushil Kumar Jain, who is working as Chief Manager (Law) in Power Grid Corporation of India Limited, is the appellant in these two appeals. He is aggrieved by the common order passed in W.P.Nos.13299 and 13858 of 2007 dated 30.10.2007, dismissing both the writ petitions filed by him. In W.P.No.13299 of 2007, the appellant-original petitioner had challenged the validity of an order-dated 16.4.2007 passed by the 1st respondent placing him under suspension pending enquiry, on the ground that the charges on which he was placed under suspension do not constitute misconduct as defined under the rules, whereas in W.P.No.13958 of 2007, he had challenged the validity of an order dated 25.6.2007 of the 1st respondent whereby one Sri Inder Singh has been appointed as Inquiry Officer, on the ground that the said appointment was arbitrary, illegal and mala fide. So far as the order passed in W.P.No.13958 of 2007, out of which Writ Appeal No.91of 2008 arose, is concerned, in our opinion, the appeal would not survive for the simple reason that the learned advocate appearing for the appellant-petitioner had stated before the learned Single Judge that the appellant will have no objection if Sri Inder Singh is appointed as Inquiry Officer to enquire into the charges levelled against him. Looking to the said concession given by the learned advocate appearing for the appellant-original petitioner, in our opinion, this appeal cannot be entertained. Having once submitted before the learned Single Judge that the appellant- petitioner had no objection if Sri Indier Singh is appointed as Inquiry Officer, it would be neither just nor proper on the part of the appellant- petitioner to challenge the validity of the order passed in W.P.No.13958 of 2007. So far as the order passed in W.P.No.13299 of 2007, out of which Writ Appeal No.99 of 2008 arose, is concerned, the said writ petition pertains to suspension of the appellant-petitioner. It is settled position of law that suspension is not a punishment when it is resorted to during the pendnecy of inquiry initiated by the disciplinary authority. In the instant case, departmental inquiry is to be held against the appellant-petitioner and during the pendency of the inquiry; the appellant-petitioner has been placed under suspension. Needless to say that if ultimately the appellant-petitioner is found to be innocent, an order will be passed with regard to the regularization of the period of suspension or otherwise. Thus, the order of suspension not being penal in nature, in our considered opinion, the learned Single Judge has rightly dismissed the writ petition. The learned counsel for the appellant then prayed that a direction may be issued to complete the inquiry expeditiously. Learned counsel also submitted that no notice had been issued to the appellant with respect to charge sheet dated 16.4.2007. It has been assured by the learned counsel for the respondent- employer that the inquiry against the appellant would be completed within a period of three months from the date of receipt of a copy of this order provided the appellant-petitioner extends his cooperation. Sri A.T.M. Ranga Ramanujam learned Standing Counsel for the respondent-employer has submitted that though a notice had already been sent to the appellant, a fresh notice again will be issued to the appellant-petitioner with respect to charge sheet dated 16.4.2007. For the aforesaid reasons, we do not find any substance in both the appeals and the same are accordingly dismissed with no order as to costs. ANIL R. DAVE, CJ 12th February, 2008 GOPALA KRISHNA TAMADA, J vtv