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G.S.AHLUWALIA
Lakhan Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-
“(I) Hon’ble Court may be pleased to call for the relevant records from the possession of the respondents for its kind perusal.
(II) Hon’ble Court may kindly be pleased to issue appropriate writ/order/direction commanding the respondent No.2 to forth with consider the case of the petitioner for revocation of his suspension.
(III) Hon’ble Court further may kindly be pleased to direct the respondent authorities to revoke the suspension and reinstate the petitioner back in service alongwith all consequential benefits.
(IV) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of this petition.”
2. It is the case of the petitioner that he was posted as Reader in the office of Sub Divisional Magistrate, Katni. The Crime No.31/2019 registered at Police Station Special Police Establishment (Lokayukt) Bhopal for the offence under sections 7,13(1)(b) & 13(2) of the Prevention of Corruption Act (Amended Provisions) (hereinafter shall be referred to as the “P.C.Act”) has been registered against hi
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
Prolonged suspension without filing a charge sheet or initiating departmental proceedings is unjustifiable and unsustainable in law.
Prolonged suspension without domestic enquiry in corruption cases burdens public funds unnecessarily.
The Disciplinary Authority must review suspension orders according to guidelines established by G.O.Ms.No.81.
Prolonged suspension without initiating departmental proceedings burdens the public exchequer; therefore, reinstating an employee to a non-sensitive post pending investigation into corruption charges....
Suspension of public servants must be periodically reviewed as per regulations; failure to do so warrants judicial intervention for appropriate orders.
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
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