SCA/847/1995 of SURYAKUMAR S THAKER Vs DIST DEVELOPMENT OFFICER MEHSANA on 8 December 1995

(1) Censure, (4) Withholding of increments or promotions, (5) Recovery from pay of the whole or part of any pecuniary loss caused to the panchayat by negligence or breach of orders, (6) Reduction in rank including reduction to a lower post or time-scale or to a lower stage in a time-scale, (7) Compulsory retirement, (8) Removal from service not disqualifying for future employment, (9) Dismissal from service which shall ordinarily be a disqualification for future employment. :

Provided that, in the case of members who have been allocated to the panchayat service under section 206 of the Act and who, according to the terms and conditions of their service which were immediately applicable to them before such allocation were not liable to the penalty of fine, no penalty of fine shall be inflicted upon them...."

Thus, suspension is neither a major penalty nor a minor penalty.Hence, there is no question of filing appeal against the suspensionby way of penalty. As observed in the impugned order rule makingauthority has conferred power on the authority by which a partyaggrieved against the order of suspension can file an appeal underRule 13 of the Rules. Rule 13 of the Rules, reads as under:

"13. Appeals against order of suspension or orders imposing penalties.- (i) A member of the panchayat service may appeal against an order of suspension or an order imposing any penalty on him to the authority, specified as appellate authority in the Appendix appended to these rules within a period of 90 (ninety) days from the date on which he receives the order:

Provided that the appellate authority may entertain an appeal after expiry of the said period, if it is satisfied that the appellant has had sufficient cause for not submitting the appeal in time.

(ii) Every person submitting an appeal shall do so separately and in his own name.

(iii) The appeal shall be addressed to the authority competent to hear appeals and shall contain a material statements and arguments on which the appellant relies and shall not contain any disrespectful or improper language. A copy of the order appealed against shall invariably be enclosed with the Appeal.

(iv) Every appeal shall be submitted through the officer to whom the appellant is subordinate at the time of submitting the appeal. Such officer shall, in turn forward it to the authority which made the order.

Provided that an advance copy of the appeal may be submitted direct to the appellate authority."

Obviously, therefore, the appeal which can be filed against theorder of suspension would be only against penal action since thesuspension is not one of the mode of the punishment as providedunder the relevant rules and yet a right of appeal is conferred onan aggrieved party against the order of suspension, obviously suchappeal would lie when the penal action of suspension is taken against the Employer. Hence, respondent no.2 has committed anerror of law apparent on the face of record in coming to theconclusion that the appeal is not maintainable. The said order is,therefore, quashed and set aside directing the respondent no.1 toentertain the appeal and to decide the same in accordance with law.I may clarify that I am not expressing any opinion on merits of thematter. It is for the respondent no.1 to consider the merits ofthe matter and to pass appropriate order thereon. Rule isaccordingly made absolute to the above extent. Since the action ofsuspension and the petitioner has to come twice to this court therespondent authority is directed to dispose of the appeal asexpeditiously as possible preferably within four weeks from thereceipt of the writ of this court. No order as to costs.

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