DHANESHWAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition filed under Article 226/227 of the Constitution of India, the petitioner seeks directions to respondent No. 2 to revoke the order of suspension of the petitioner dated 28-10-1995 (Annexure P-3), to treat the petitioner as on duty on the post of Chowkidar and to grant the petitioner the arrears of difference amount of salary from the date of suspension with interest at the rate of 24% per annum.

(2.) THE facts in brief are that the petitioner, who was employed as Sweeper in Industrial Centre Development Corporation (Raipur) Limited, Raipur, was given the charge of Chowkidar in the said Corporation at Raipur, by order dated 9-4-1987 (Annexure P-1). On 6-10-1995, the petitioner was arrested in connection with Crime Nos. 674/95, 675/95 for an offence punishable under Section 302 of the Indian Penal Code and, therefore, the petitioner was placed under suspension by order dated 28-10-1995 (Annexure P-3).

(3.) LEARNED Counsel appearing for the petitioner submits that the suspension of the petitioner be revoked as the petitioner was placed under suspension on account of pendency of the criminal trial for alleged offence punishable under Section 302 of the Indian Penal Code. The petitioner has been acquitted in the criminal trial by order dated 6-6-1997 (Annexure P-4) and as such the suspension of the petitioner deserves to be set aside irrespective of the fact that the State-respondent has filed an appeal before the High Court.