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2022 Supreme(Del) 890

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Nand Kishore Garg – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent


Advocates appeared:
Mr. Shashank Deo Sudhi, Advocate, for the Petitioner; Mr. Sandeep Sethi, Sr. Advocate. & Mr. Rahul Mehra, Sr. Advocate with Mr. Satyakam, Additional Standing Counsel, Ms. Krishnashree Devee, Advocates, for the Respondent No. 1 to 3

JUDGMENT

Subramonium Prasad, J. - The instant writ petition under Article 226 and 227 of the Constitution of India has been filed for issuance of a writ, order or direction in the nature of Mandamus to Respondent No. 2/Lieutenant Governor of Delhi for initiating appropriate proceedings for suspension of Health Minister of Delhi Sh. Satyender Jain, who has been in custody since 30.05.2022.

2. It is stated that Sh. Satyender Jain, who has been in custody since 30.05.2022, has been enjoying all the perks and privileges of a Cabinet Minister, despite facing allegations of serious financial irregularities, and that this is violative of Article 14 of the Constitution of India inasmuch as a Government Servant, who is in custody for more than 48 hours, is to be put under deemed suspension as per the practice which is being followed relating to the Public/Government Servants in terms of Rule 10 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (hereinafter referred to as "CCS (CCA) Rules, 1965"). It is stated that Respondent No. 3/Sh. Satyender Jain has also committed breach of oath and he cannot be permitted to hold the office as a Minister.

3. The facts, in brief,

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