I belong to Group 'A' State Civil Services. The holders of the post held by me for the time being is declared as SUB-DIVISIONAL LEVEL OFFICER for the purposes of exercising administrative and financial powers. The institution headed by me is devolved to the PRI. According to the legislation, of the State legislated under Art. 243G of the Constitution, the Chairmen of the PRIs are declared as the Executive Heads thereof. However, the Executive Officers of the said institutions are required to control and supervise the officers and officials working under the PRIs, subject to overall control and supervision of the Chairmen.
A Group 'C' Employee working under me was placed under suspension by the State Head of the Department on the charges of misconduct to have been committed by him in the discharge of his duties in connection with the affairs of the PRI. No adverse report was ever made against the employee, either by me or by the authorities aforementioned.
Under this background and assigning the very same reason, the Chairman, i.e. the Executive Head, by means of his written Note orders had restrained the Executive Officer from implementing the order of suspension issued by the State Head by usurping the jurisdiction of the said PRI, the unit of self-government. A copy thereof was marked to me for compliance. The said authority had made a report to the Government also intimating its decision and with a request of preventing the State head from interfering in the administrative and financial jurisdiction of the said self-government.
I had no other option but to comply with the directions of the Chairman, in terms of the provisions of the enactment referred to supra. Quite contrary to the objectives of the said legislation, an officer called as the District Officer the department to which we belong. In fact, the post held by that officer was a newly sanctioned post, subject to condition that "the nature of duties and responsibilities to be discharged by the holder of the said post together with the extent of their financial and administrative powers will be prescribed in due course, by means of separate orders. But, such an order is yet to be issued by the Government.
In spite of this irrefutable legal position, I had addressed the so called District Officer, seeking his written orders for implementing the relieving order issued by him, bypassing the orders of the Chairman of the PRI, which he never issued. Resultantly, the services of the suspended official were continued in my institution itself.
In addition to the provisions of the PRIs Act, the Government has issued the instructions in the matter of giving effect to the suspension orders. The same reads thus;
2. (a) If the Government servant who has been suspended by the competent authority is on duty, the order takes effect from the date it is communicated to him and he is relieved of his duty. It is, therefore, necessary that the authority who passes the order of suspension should also specify the officer who should take charge of the office held by the Government servant who is placed under suspension. If the authorities which passes the order of suspension is different from the authority which is competent to make arrangement for relief of the suspended Government servant by posting a substitute, then the former should communicate to the Government servant the order of his suspension through the latter who should simultaneously communicate to the suspension Government servant both the order of suspension and the order making arrangement for his relief.
The authority which had made the suspension order in question had transferred me to a faraway place accusing of defying his orders. Whereupon, the officer was posted in my place had forcibly prevented the said official from attending his duties of the PRI. Aggrieved by this action, the official has approached the court of law.
Under these circumstances, now I have been served with the Notice to show cause as to why I should not be proceeded against for having not implemented the suspension order of the authority. Hence, I seek the guidance of the legal experts regarding the stand to be taken by me in my defence explanation.
