UNION OF INDIA Vs. UDAI NARAIN

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was serving as an Additional Commissioner of central Excise, Lucknow, when he came to be arrested on 8/11/1993 on the allegation that he had demanded and accepted a bribe of rupees 2 lakhs. He was released on bail on 23/11/1993. While he was in custody", he was placed under suspension on 18/11/1993 under Rule 10 (l) (b) of the CCS (Classification, Control and Appeal) Rules, 1965 on the ground that he had been arrested by the central Bureau of Investigation and the case was under investigation. The respondent filed OA No. 383 of 1994 before the central administrative tribunal at Lucknow seeking revocation of the order of suspension. That application came to be dismissed on 3/2/1995. Review petition filed by the respondent was also dismissed on 31/7/1995. Since the trial in the case had not commenced and the investigation was already over,the respondent filed yet another application being OA No. 79 of 1996 for revocation of the order of suspension. The application was resisted on behalf of the appellants. The tribunal, however, allowed the application holding a that the ground mentioned in the suspension order "no longer survives". The tribunal accordingly held that further continuance of the order of suspension of the respondent was no longer justified or valid. That order has been put in issue by the Union of India.

(3.) We have heard learned counsel for the parties and perused the record.