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.
Request of Lokayukta
The court pointed out that the petitioner was suspended by the KRIDL merely on the request for his suspension made by the Lokayukta police, who in July 2023, registered a case against the petitioner for prima facie possessing assets, which is 244% proportionate to his known sources of income.
The suspension order, the court noted, had merely stated that the disciplinary authority had “examined with care” the request of the Lokayukta police and no other depiction of application of mind is demonstrable in the suspension order.
“Though the Discipline and Appeal Rules of the KRIDL does not in so many words direct application of mind by the disciplinary authority to place an employee under suspension, it is trite law that the power of suspension is to be exercised only after due application of mind...,” the court observed.
