The central legal point established in the judgment is that the petitioner must be an 'aggrieved person' to invoke certiorari jurisdiction, and the revocation of suspension must cause a legal grievance or deprivation of statutory right.

1. The petitioner has filed this petition to direct the respondents No.1 to 4 to withdraw the charge of B.M.O. Bilha from the respondent No.5 and Teacher, Govt. School, Chakarbhata from the respondent No.6 and treat them under suspension during the pendency of the criminal appeal filed by the State against the respondents No.5 and 6.

2. According to learned counsel appearing for the petitioner, a criminal case was registered against the respondents No.5 and 6 and four other accused persons for committing marpeet with Dhannamal and Madho Das. Dhannamal is father of the petitioner and Madho Das is brother of the petitioner. The first information report of the said incident dated 24.11.1992 was lodged in the police station by the petitioner. After criminal trial the respondents No.5 and 6 were convicted and sentenced by the Chief Judicial Magistrate, Bilaspur by judgment dated 20th November. 2000, passed in Criminal Case No. 717/96. Thereafter, the respondents No.5 and 6 filed Criminal Appeal Nos. 195/2000 & 196/2000, respectively, wherein vide judgment dated 19.4.2001, passed by the Sixth Additional Sessions Judge, Bilaspur, they were acquitted of the charges.

3. Learned counsel appearing for the petitioner further submits that the Criminal Appeal Nos. 919/200l and 917/2001, filed by the State and Criminal Revision No. 190/2001, filed by the petitioner, against the judgment of acquittal dated 19.4.2001 are pending before this Court.

4. It is apparent that during the criminal trial, the respondents No.5 and 6 were placed under suspension but after the judgment dated 19.4 .2001, in criminal appeals, they were reinstated in service. The respondent No.5 was given the charge of B.M.O. Bilha and the respondent No.6 was given the charge of Teacher in Govt. School, Chakarbhata. Objecting the reinstatement and posting of the respondents No.5 and 6 the petitioner filed representations (Annexure P/4 and P/ 5). Being aggrieved by the reinstatement and posting of the respondents No.5 and 6, the petitioner has filed this petition.

5. I am unable to understand how the petitioner is aggrieved by the order passed by the respondents/authorities revoking the suspension order of the respondents No.5 and 6, who might have been placed under suspension during, the pendency of the criminal trial. The respondents/authorities, after their exoneration in criminal appeal, have rightly revoked the suspension of the respondents No.5 and 6.

6. The Supreme Court in the matter of Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed and others held as under:

" 12. According to most English decisions, in order to have the locus standi to invoke certiorari jurisdiction, the petitioner should be an "aggrieved person" and, in a case of defect of jurisdiction, such a petitioner will be entitled to a writ of certiorari as a matter of course, but if he does not fulfill that character, and is a "stranger", the Court will, in its discretion, deny him this extraordinary remedy, save in very special circumstances. ii

13. This takes us to the further question: who is an "aggrieved person" and what are the qualifications requisite for such a status The expression "aggrieved person" denotes an elastic, and to an extent, and elusive concept. It cannot be confined within the bounds of a rigid, exact and comprehensive definition. At best, its features can be described in a broad tentative manner. Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case, the nature and extent of the petitioner's interest, and the nature and extent of the prejudice or injury suffered by him. English courts have sometimes put a restricted and sometimes a wide construction on the expression "aggrieved person". However, some general tests have been devised to ascertain whether an applicant is eligible for this category so as to have the necessary locus standi or 'stand