The order of suspension has to be passed on an independent application of mind by the disciplinary authority and not merely on the dictate of any outside agency, said the High Court of Karnataka.
The power to place an employee under suspension borders upon the power of a penal provision, and hence “it is trite law that the power of suspension is to be exercised only after due application of mind, as in certain circumstances, suspension can become worse than a penalty,” the court said.
Justice M. Nagaprasanna passed the order while quashing the order of suspension of petitioner, Zaranappa Chincholikar, an Executive Engineer with Karnataka Rural Infrastructure Development Ltd. (KRIDL), Koppal. However, the court gave liberty to KRIDL to pass a fresh order of suspension, in necessary, with proper of application of mind.
