G.J. JADAV Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the order of suspension dated 30th September, 1996.

(2.) It appears from the record that as criminal complaint was filed against the petitioner for the offence under Section 7 of the Prevention of Corruption Act, the petitioner was suspended. During the pendency of the present special civil application and by order dated 19.12.1996, the learned Single Judge of this Court granted the stay of further implementation and operation of the order dated 30th September, 1996 and it was directed that the petitioner shall be allowed to continue function and be paid as if the suspension order dated 30th September, 1996 had not been passed. It appears that the said interim order has been continued till date. As by way of interim order, the suspension order was stayed and the said interim order is continued for more than 10 years, the petitioner is continued in service. It is also reported that the petitioner is subsequently acquitted by the competent authority.

(3.) Under the circumstances, the interim order dated 19.12.1996 is made absolute, however, it is directed that if any department inquiry was initiated then the same shall be completed by the competent authority within a period of 6 months from today, if the petitioner is in service and the departmental inquiry is still not concluded.