H L MEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Several contentions have been raised by the petitioner in this civil writ petition challenging the order dated 9-6-1971 made by the President of India whereby an inquiry pending against the petitioner has been ordered to be continued and till the termination of such inquiry he has been directed to continue to remain under suspension. The contentions may be set out as under :-

(2.) In order to appreciate the contentions raised by the petitioner, it is necessary to set out certain facts that have a bearing on the matters in controversy between the parties.

(3.) The petitioner was working as a Senior Superintendent in Railway Mail Service, A Division, Allahabad on April II, 1963. By an order made on that day he was suspended from service on the ground that a case in respect of certain criminal offences was under investigation against him. The order of suspension was made by the President of India in exercise of powers conferred by sub-rule (1) of Rule 12 of 1957 Rules. The criminal offences alleged against the petitioner related to the period 24-12-1961 to 31-8-1962 when he was functioning as Officer on Special Duty (P.&.T. Board) at Panjim, Goa.