JUDGMENT :

Munishwar Nath Bhandari, J.

The writ appeal has been filed against the judgment dated 20.7.2021 whereby the writ petition challenging the order of suspension was allowed. A direction for reinstatement of the writ petitioner/non-appellant was given, though with liberty to the appellants to transfer him to some other place.

2. The writ petition was filed challenging the suspension order dated 26.7.2019 and the subsequent order dated 17.4.2021 passed by the appellants rejecting the writ petitioner/non-appellant's representation. The writ petition preferred by the petitioner/non-appellant was allowed by the writ court mainly relying on the judgment of the Apex Court in the case of Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291. It was mainly on the ground that if a delinquent employee is suspended from service on registration of a criminal case or in contemplation of disciplinary proceedings and if charge-sheet or charge memo is not filed or served on the delinquent employee within three months, the order of suspension has to be revoked.

3. Learned counsel for the appellants submits that the delinquent employee was suspended by the order dated 26.7.2019 when he was cau