JUDGMENT

S. RATNAVEL PANDIAN, J.:— This Writ Petition under Art. 32 of the Constitution of India is filed by the petitioner, Shri S. A. Khan, IPS, Deputy Inspector General of Police, Haryana, now under suspension seeking the following reliefs :

"It is, therefore, prayed that this Honble Court be pleased to hear this petition along with the Contempt Petition aforesaid and grant the petitioner following reliefs :-

(a) a writ, order or direction setting aside the illegal order of suspension dated 5-7-1991 (Annexure A) passed against the petitioner and declaring it to be void initio;

(b) An interim order suspending the operation of the impugned order of suspension during the pendency of the hearing of the said contempt petition and also this writ petition;

(c) Issue any other writ, direction or order;

(d) Award the cost of the petition."

2. We would also like to proliferate the prefatory note of the writ petition for proper understanding the circumstances under which this petition has been filed :

"Writ petition under Art. 32 of the Constitution of India in continuation of C.M.P. No. 2743 of 1989, I.A. Nos. 1 and 2 of 1991 in C.A. No. 5412 of 1990."

3. The material facts which have led to the filing of the above CMP and IAs referred to in the prefatory note are given separately in the contemporaneous proceeding relating to the Contempt Petition No. 7/89. Suffice it to say that according to the petitioner, since the investigation of the criminal case registered in Sadar Police Station in FIR No. 372/87 dated 21-11-87 against Ch. Bhajan Lal (who was then the Union Minister for Environment and Forests, Government of India, at the time of the registration of the case and who is now the Chief Minister of Haryana State) and others on the complaint of one Dharam Pal under Ss. 161 and 165 of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act of 1947 was under the direct charge and supervision of the writ petitioner Shri Khan, Ch. Bhajan Lal with mala fide intention of clogging and terminating the investigation has caused the impugned suspension order to be passed as against the petitioner by misusing his power and authority as Chief Minister.

4. Mr. R. K. Garg, the learned senior counsel appearing on behalf of the petitioner has vehemently contended that the suspension order has been passed in mala fide exercise of the discretionary power for improper purpose, for the simple reason that the petitioner has been in-charge of the investigation of the case of corruption registered against Ch. Bhajan Lal; that the order of suspension is patently unconstitutional and illegal besides being vitiated by malice both in law and facts and that it is in gross violation of Art. 14 of the Constitution as it has been passed by misuse of power in a very arbitrary and capricious manner. He has further submitted that Ch. Bhajan Lal after assuming the charge of Chief Ministership of Haryana by misusing his powers secured false affidavit from the complainant in the corruption case (Dharam Pal) by rewarding him the appointment of Chairman of the Haryana Khadi Board, and has suspended the petitioner S.A. Khan with a designed motive of deflecting the judgment of this Court rendered in Civil Appeal No. 5412/ 90 : (reported in AIR 1992 SC 604) by and under which liberty has been given to the State Government to direct an investigation afresh in the corruption case and also making it impossible for the State Government and the petitioner or the other police officers to complete the investigation into the serious charges of corruption against Ch. Bhajan Lal. The petitioner has recalled the attention of this Court to the various averments made in C. A. No. 2 of 1991 in C.A. No. 5412/90 wherein also a similar prayer for setting aside the suspension order is made on the ground that the suspension order is illegal and contumacious. It is further stated by the petitioner that the present Writ Petition has been filed in addition to the I.A. 2/91 in order to obvi