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2011 Supreme(SC) 1366

J.M.PANCHAL, H.L.GOKHALE
Gurpal Singh – Appellant
Versus
High Court of Judicature of Rajasthan – Respondent


ORDER :

1. By filing this petition under Article 32 of the Constitution of India, the petitioner has prayed to issue appropriate writ or order to declare that the order of suspension dated 22.12.1985 passed against him is void ab-initio. Another prayer made is that in any case the continuance of suspension order after acquittal of the petitioner in criminal case be declared illegal and the respondents be directed to reinstate the petitioner with all consequential benefits including full pay, seniority, promotion etc.

2. This Court has heard the learned counsel for the parties.

3. From the record, it is evident that the petitioner was prosecuted for an offence punishable under Section 302 of the Indian Penal Code. He was arrested on 20.12.1985 on account of criminal offence registered against him. Therefore, the Rajasthan High Court, Jodhpur had passed an order suspending the petitioner from service on 22.12.1985. The said order reads as under -

    "WHEREAS a case against Shri Guru Pal Singh, Munsif-cum-Judicial Magistrate, Vallabhnagar in respect of a criminal offence is under investigation/trial.

    And Whereas Shri Gurupal Singh, Munsif-cum-Judicial Magistrate, Vallabhnagar has been detaine

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