NASEEM ISHAQUE Vs. INDIA TRADE PROMOTION ORGANISATION

JUDGEMENT

(1.) The petitioner has prayed for the quashing of the order dated 19.7.1995 in and by which the petitioner is kept under suspension. The petitioner does not challenge the validity of the proceedings taken against her but her case is that when criminal proceedings are pending against her she cannot be kept under suspension and according to the learned Senior Counsel for the petitioner till the conclusion of the criminal proceedings the petitioner should not only be suspended from service but no departmental proceedings could be initiated against her till the conclusion of the criminal proceedings.

(2.) The charge sheet against the petitioner was filed in the Court of Shri G.P. Mittal, Metropolitan Magistrate, New Delhi on 8.2.1995 u/Sec. 420, Indian Penal Code and Sections 12(1)(b) and 12(c) of the Passport Act, 1967. When the charge was filed in the Criminal Court the first respondent did not pass any order of suspension. According to her, the crux of the charge in the criminal case is "she submitted two applications for obtaining private passport in two different names."

(3.) On 14.2.1995 a memorandum of articles of charges against the petitioner were issued. The charges are as under: