A.K. Basheer, Judicial Member.
1. The applicant is stated to be working as Primary School Teacher in Junior Basic School (Central) at Androth under the Administration of the Union Territory of Lakshadweep. He has filed this Original Application impugning Annexure A-11 order of his suspension from service as well as Annexure A-12 notice directing him to show cause as to why he should not be dismissed from service under Rule 19(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
2. It is not in dispute that the applicant now stands convicted and sentenced in two criminal cases for various offences under Section 341, 324, 427 and 307 of the Indian Penal Code. It is seen from the record that the two orders of conviction and sentence were passed in December 2010. The grievance of the applicant is that he has now been placed under suspension more than three years after his conviction in the two criminal cases. According to him Annexure A-11 order is without any rhyme or reason or legal basis. It is pointed out that immediately when the criminal cases were registered against him he was placed under suspension in 2006. But in 2007, the said order was revoked. The primary contention raised by the applicant is that there is no warrant or justification for placing him under suspension at this distance of time. Still worse, the respondents have now issued Annexure A-12 notice directing him to show cause why he should not be dismissed from service.
3. Having heard learned counsel for the applicant and having perused the material available on record, I am of the view that this Original Application need not be kept pending on the file of this Tribunal at this stage. It will be open to the applicant to prefer an appeal against Annexure A-11 order of suspension as provided under the relevant rules. Obviously the applicant is entitled to respond to the show cause notice issued to him. In that view of the matter, I do not deem it necessary to consider the merit and demerit of any of the contentions raised by the applicant in this Original Application at this stage.
4. The Original Application is, therefore, disposed of with liberty to the applicant to prefer an appeal against Annexure A-11 and also to give a reply to Annexure A-12 show cause notice. If the appeal and the reply to the show cause notice are received by the authorities concerned within four weeks from today, the said two authorities shall take appropriate decisions on them in accordance with law. This shall be done as expeditiously as possible, at any rate, within six weeks from the date of receipt of the appeal and the reply to the show cause notice. Needless to mention that the applicant shall be afforded sufficient opportunity to be heard by the authorities concerned before final decisions are taken in the matter.
5. The Original Application is disposed of in the above terms.