Foreign conviction cannot sustain deemed suspension under CCS rules where "offence" refers only to Indian law in force.

Rule 10(2)(b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 applies only where an employee is convicted for an offence punishable under Indian law in force and sentenced to imprisonment exceeding forty-eight hours. Reading "offence" and "any law for the time being in force" in light of the constitutional scheme, the Calcutta HC held that the provision refers to Indian law, not foreign law, because criminal jurisdiction is territorial and local. A foreign conviction for conduct abroad may indicate misconduct or moral turpitude, but it cannot by itself constitute the statutory basis for deemed suspension under Rule 10(2)(b).

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Issues: Whether a conviction recorded by a foreign court for an offence committed abroad could be treated as a conviction for an offence under Rule 10(2)(b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 so as to sustain an order of deemed suspension.

Analysis: Rule 10(2)(b) authorises deemed suspension only when there is a conviction for an offence punishable by law in force and the employee is sentenced to imprisonment exceeding forty-eight hours. Reading the rule with the constitutional scheme of laws in force, the expression "offence" and the phrase "any law for the time being in force" were held to refer to Indian law, not to foreign law. The Court relied on the territorial character of criminal legislation, the meaning of "law in force" under the Constitution and the General Clauses Act, and the principle that criminal jurisdiction is local. Although the alleged conduct might amount to misconduct and moral turpitude, the foreign conviction itself could not be the foundation for action under Rule 10(2)(b).

Conclusion: The foreign conviction was not a conviction for an offence within Rule 10(2)(b) of the 1965 Rules, and the suspension order based on that conviction could not stand.

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