SIDDHARTH DIWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner is seeking quashing and/or setting aside of the impugned orders dtd. 4/10/2022 and 3/11/2022 passed by the respondents whereby he was placed under suspension; directions to the respondents to revoke his suspension; directions to the respondents to treat the suspension period of the petitioner as spent on duty and thereby to pay full pay and allowance of the said period to the petitioner.

(2.) Admittedly, the case was registered against the petitioner for alleged offences under IPC and PC Act, 1988 allegedly committed by him at Composite Hospital, BSF, Jodhpur while working as a member of a medical board, detailed for Review Medical Examination for recruitment for Constable (GD) 2018 in CAPFs. The FIR relates to demanding and obtaining of bribe from various candidates of review medical examination for the recruitment in lieu of clearing them in the medical examination. The involvement of the officer in corrupt practices came to light during the progress of review medical examination on 10/10/2020. A complaint was lodged on 30/10/2020 with CBI by Ftr H BSF, Jodhpur. CBI after investigation, forwarded its report to BSF with the request for sanction of prosecution of the petitioner for the offences under Sec. 120-B of IPC and substantive offence under Sec. 7 and 8 of PC Act, 1988. Sanction was conveyed by the department vide HQ Letter No. C-14011/118/2021/CC/PERS/BSF/14894-95 dtd. 8/6/2022.

(3.) The Special Judge, CBI, Jodhpur vide Letter No. 74 of 8/8/2022 informed the DIG (Med) CH BSF, Agartala, Tripura that the notice was issued to the petitioner by Shri. Rajender Kumar, Inspector of Police, CBI/ACB who presented the charge-sheet in the Court on 8/8/2022. The petitioner appeared in the Court and after the hearing of the case, the Court sent the petitioner, Commandant, Spl. Gde-1, CH BSF Agartala to judicial custody till 22/8/2022.