•f(Q- tT Petitioner Writ Petition (S) No. 255 of 2! S.N. Ram, S/o.Jate Shri Ekadashi Ram, aged about 59 ysars, occupaiion - service, offsce Superintendent, Office of Assistant Commissioner, Tribas Devetopment, Jagdaipur, Distt. Bastar(CG). ndents ) State of Chhattisgarh ihrough Secretary, Schedule Caste and Schedule Tribe Deveiopment Department, D.K.S. Bhawan, Raapur (CG). The Commissi Schedule Tribe Deve 2) The Commissioner, Raipur(CG). Scheduie Caste and iopment, Chhattlsgarh, -f3^ TS ^f) i Assistant Commissioner, Trlbai Devetopment, Jagdaipur, Distt. Bastar (CG). 4) The Coliector, Distt. Bastar at Jagdaipur (CG). (Writ Petition under Articie 226 ofConstitutlon of India) i: Hon'ble Mr. Satish K. Agnihotri, J. Present: Mr. Subhash Yadav, counsel for the petiiionei Ms. Smita Ghai, Panei Lawverforthe State. OR.i tfith (Passed on this 3'" day of iyarch, 20S the consent of counsei for both the parties, the mattsr is heai fina!!y. 2) Learned counse! sppearing for ths petitioner submits fhat the petitioner was placed under suspension by order daied 12-12-2008 (Annexure p/7) passed bythe respondent No.1 on the ground thatUie petitioner has comrnitted misconduct as provided under the C.G. Civil Sen/ices (Classificatlon, Control and Appeal) Ruies, 1966 (forshort, "the Ruies, 1966) 3) that as it may, an employee can be piaced under suspension oniy on t»vocounts; firstly if there is a contemplatlon or pendency of enquiry against the empioyee and secondly if an enquiry, investigation ortrial of criminal offence has been inniated againstthe employee under provisions Ruie S (1) (a)and (b) of the Rutes,1966. If the order of suspension is passed by the State Government, the charge-sheet has to bs issued within a period of 90 days under Rule 9 (2-b) of the Rules 1966. The suspension order was passed on 12-12-2008. According to learned counsei for the petitioner, no charge-sheet has been issued and no enquiry has been initiated againstthe petitioner for the altegations as stated inthe suspension order. 4) Ms. Smita Ghai, iearned counsei appearing for the State submres that period of 90 days is not over as yet, therefore, at this stage, suspension cannot be revoked. If the charge-sheet is not issued within a period of 90 days from the date of order of suspension, the suspension order may be revoked under the provisions of iaw. 5) . It is weiisetttedprfncipiesofiawthatsuspensiDnpfanempioyee is temporary and it does not inyoive punishmeni with evi! consequences. Suspension means a temporary deprivation of the functions not amounting to any reducilon of his rank or his status. The empioyse under suspension continues to be a Government sen/ant, he is not permitted to work keeping in view pendency of departmental enquiry to avoid undue influence in the proceedings ofaepartmentai enquiry and iikeiytampering with on records. 3) in view offoregoihg.nothing rsmains Toradjudication in the matter. .The petition is accordingiy dismissed. Consequentiy, I.A.No.1 aiso stands disposed Sd/- Satish K. Agnihotri Judge 1-CE1U