P. R. GOKULAKRISHNAN, R. A. MEHTA, J.

( 1 ) THIS Letters Patent Appeal is against the order passed by the learned single Judge in Special Civil Application No. 328 of 1988. The appellant herein had invoked the jurisdiction of the High Court under Art. 226 of the Constitution of India to set aside the order of suspension dated 29-12-1987 which was annexed as Annexure A to the special civil application by declaring it as illegal. By the said impugned order the appellant herein was put under suspension from the date of receipt of the said impugned order owing to the fact that an offence has been registered against him in Jamnagar ACB Police Station as Crime No. 4 of 1987 under Sec. 161 of the Indian Penal Code and under Sec. 5 (2) of Prevention of Corruption Act while he was working as Police Constable in Police Station? Jamnagar. It is also clear from the record that as early as 12-12-1987 i. e. before passing of the impugned order on 29-12-1987 the appellant was transferred from Jamnagar District to Kutch District for the very same offence alleged above.

( 2 ) THE learned single Judge of this High Court holding that having regard to the allegations made against the appellant herein t

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