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 him and accordingly he has been placed under suspension. It is submitted that as per the circulars issued from time to time, the authority placing the employee under suspension is required to review the order of suspension periodically to consider as to whether the prolonged suspension of the petitoner is warranted or not. The petitioner has made repeated representations to the respondent No.2 seeking revocation of the order of suspension but till date no decision has been taken and, therefore, the present petition has been filed. It is also submitted that the action of the respondents in continuing with the suspension of the petitioner is contrary to law laid down by the Hon’ble Supreme Court in the case of Union of India & Another versus Ashok Kumar Aggarwal reported in (2013) 16 SCC 147.

3. Challenging the non-action of the respondents in not considering the representations, it is submitted by learned counsel for the petitioner that the non-action on the part of respondent No.2 is arbitrary and violative of the fundamental rights of the petitioner as guaranteed under Articles 14 & 16 of the Constitution of India and the review of suspension order is necessary to find out as to whether the continuation of suspension of the employee is necessary or not. It is further submitted that so far as the criminal investigation is concerned, no charge sheet has been filed inspite of the lapse of nearly two years.

4. A Crime No.31/2019 has been registered against the petitioner at Police Station S.P.E (Lokayukt) Bhopal on the complaint made by one Krishnakant Mishra alleging that the unauthorised construction was being done on a runnel and on the application of the complainant filed under section 133 of the Code of Criminal Procedure, the Sub Divisional Magistrate by order dated 22.1.2019 had directed the parties to maintain the status-quo till 7.2.2019. When the complainant requested the petitioner to place the file before the Sub Divisional Magistrate for extension of stay then he demanded Rs.15,000/- to Rs.20,000/- and assured that if the amount is paid then he would get the order as desired by the petitioner. A written complaint was made to the Investigating Officer on 25.2.2019 and the complainant was directed to record the conversation and accordingly on 25.2.2019 itself, the conversation with the petitioner was got recorded and during negotiation, the complainant agreed to pay Rs.5000/- to the petitioner and an amount of Rs.2000/- was paid immediately whereas the remaining amount of Rs.3000/- was agreed to be paid at a later stage and accordingly the trap was made and the offence has been registered.

5. One thing is clear that the petitioner has not been placed under suspension on the ground of any departmental misconduct but he has been placed under suspens