CHHAGAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) ON 13.7.2011, during arguments, we had deferred hearing to enable learned counsel for the respondents to obtain instructions whether respondents are prepared to recall the order dismissing petitioner from service and suspend him till trial is completed at the Court of Sessions in respect of stated offences committed by the petitioner. It was noted that the petitioner was charged of having indulged in rioting and being a member of an unlawful assembly. Death of a person had occurred. Charge sheet filed at the Court of Sessions against various persons, names petitioner as a co-accused. Offences charged of are under Section 147/ 148/ 149/ 337/ 395/ 436/ 452/ 302/ 429 IPC and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act 1989.

(2.) THE reason for our tentative view was obvious. Extreme complex questions of fact and law were arising for consideration. THE stated offence was not alleged to have been committed by the petitioner in relation to his duties.

(3.) SUFFICE would it be to state that as read, the charge alleged against the petitioner is of his being implicated in a serious case and since he is a member of a disciplined force, his being implicated in a serious criminal case has resulted in his not proving his worth up to the expectations of a Government servant.