B BALACHANDRA RAI Vs. INDIAN TELEPHONE INDUSTRIES LIMITED BANGALOREINDIAN TELEPHONE INDUSTRIES CONDUCT

JUDGEMENT

(1.) The petitioner was arrested by the Central Bureau of Investigation, Bangalore on 4th July, 1991 in connection with Crime Case No. Re-21(A)/91 for offences punishable under Sections 120-B and 420 of the IPC read with Section 9 of the Prevention of Corruption Act. He remained in police custody till 8th July, 1991 i.e., for a period of more than 48 hours. In terms of Rule 22(2) of the Conduct Discipline and Appeal Rules of the respondent company, the petitioner was deemed to have been suspended; and a memo dated 9th of July, 1991 issued to him to that effect.

(2.) Some time later a charge-sheet was filed by the CBI against the petitioner and three others in the court of the Chief Metropolitan Magistrate, Bangalore, who by his order dated 22-2-1993 discharged the petitioner and the other three accused holding that no case was made out by the prosecution to warrant framing of any charge against them. Against this order of discharge a Criminal Review Petition No. 216 of 1993 has been filed in this Court which has been admitted to hearing on 16-6-1993. The revision petition is still pending disposal.

(3.) Armed with the order of discharge passed by the Magistrate, the petitioner made a representation on 25th February, 1993, to the respondent-company praying for revocation of the suspension order passed against him. This was followed by a reminder and another representation dated 26th July, 1993, making a similar request. Having invoked no response from the respondent, the petitioner has filed the present petition praying for a writ of mandamus directing the respondent to revoke the suspension order and to give to the petitioner all consequential benefits including promotion etc.