( 1 ) THIS judgment will dispose of LPA Nos. 164 of 1998 and LPA 222 of 1998.

( 2 ) THE appellants are employees of Delhi Electric Supply Undertaking (Now Delhi Vidyut Board ). There were allegations of defalcation of property worth huge amount against the appellants in respect of the incident alleged to have been taken place in the year 1982. The appellant, S. C. Yadav, was placed under suspension in terms of the order of suspension dated 10th February, 1983. The appellant, K. K. Bhardwaj, was suspended in terms of the suspension order dated 8th January, 1987. Criminal cases have been lodged against them. Challan in the Special Court was filed by the CBI in the case of K. K. Bhardwaj on 29th May, 1986. He is accused in two cases. The appellant, S. C. Yadav, is accused in one case which is of 1984. In the year 1989, charges were framed by Special Court in the case against K. K. Bhardwaj and on 5th January, 1988 in the case against S. C. Yadav.

( 3 ) SINCE the appellants had continued to remain under suspension, they challenged the suspension orders by preferring the writ petitions (C. W. 5025/97 and 5034/97) out of which these appeals have arisen. Both the writ