Suspension pending criminal proceedings upheld; no mala fides shown and the statutory rule challenge failed.

A suspension order was upheld as falling within Rule 7(3) of the All-India Service (Appeal and Discipline) Rules, 1955 because an investigation, inquiry, or trial relating to a criminal charge was pending. The allegation of mala fides failed, as the appellant did not establish any collateral purpose for the order, and defective verification of affidavits weakened the evidentiary basis for that claim. The challenge based on infringement of Rule 7 also failed. The contention on the vires of the Delhi Special Police Establishment Act, 1946 was left open for the criminal trial.

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Issues: Whether the order placing the appellant under suspension was liable to be quashed on the ground of mala fides and whether it infringed Rule 7 of the All-India Service (Appeal and Discipline) Rules, 1955.

Analysis: The suspension order was examined in the light of the surrounding circumstances, the investigation already conducted, and the criminal charge reflected in the first information report. On that material, the order was held to fall within Rule 7(3), which permits suspension where an investigation, inquiry, or trial relating to a criminal charge is pending. The Court also held that the appellant failed to establish mala fides or collateral purpose in the making of the order. The discussion on affidavits emphasised that the defective verification of the affidavits weakened the evidentiary basis for alleging mala fides. The contention relating to the vires of the Delhi Special Police Establishment Act, 1946 was expressly left open for the criminal trial.

Conclusion: The suspension order was valid and not vitiated by mala fides or by infringement of Rule 7 of the All-India Service (Appeal and Discipline) Rules, 1955.

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