JADEJA ANUPSINH PRATAPSINGH Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE short facts of the case are that the petitioner was working as Constable, was pleased under suspension on 06.09.1993 on the ground that the criminal prosecution against him vide C.R.No.486 of 1993 under Sections 302, 323, 347, 148, 149 and 504 read with Section 135(1) was pending against him. It appears that as the trial was not concluded within some reasonable time, as per Government resolution dated 10.11.1994, the suspension was revoked on 08.03.1995 and he was taken on duty. Thereafter on 15.08.1996, the order came to be passed by the District Superintendent of Police once again placing him under suspension on the basis that vide Government resolution dated 19.08.1995, the earlier Government resolution dated 10.11.1994 providing for revocation of the suspension is revoked. The petitioner has preferred the petition under these circumstances before this Court challenging the said order of suspension.

(2.) HEARD Mrs.Pahwa for the petitioner and Mr.Acharya, learned Assistant Government Pleader for the State authorities.

(3.) IT appears that the principal contention raised o behalf of the petitioner is that the petitioner has been placed under suspension in view of the subsequent Government resolution dated 19.08.1995 revoking the earlier Government resolution. However, there is subsequent resolution of the Government dated 15.05.1996, whereby the earlier resolution dated 10.11.1994 is restored and the Government resolution dated 19.08.1995 revocation the earlier resolution dated 10.11.1994 is cancelled and the said Government resolution dated 15.05.1996 is not considered by the authority, which was already there at the time when the impugned order came to be passed on 15.08.1996.