MINAXI ZAVERBHAI JETHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been working as a Nurse since 1992 in the Community Health Centre at Rajula, District Amreli. She was then transferred to Bahucharaji, District Mehsana. The petitioner is a widow and while she was working at Rajula, she was living with one Shri Jitendrabhai Vallabhbhai Makwana as a friend on the basis of a friendship agreement. On 2 9/10/1996, the said person, namely, Shri Jitendrabhai Vallabhbhai Makwana lodged a complaint in the Court of Judicial Magistrate, First Class, Rajula, being Complaint No.56 of 1996 under Sections 420, 406, 34 and 114 of the Indian Penal Code alleging against the petitioner that the petitioner had retained the ornaments and other articles belonging to the said person even after they started living separately while the petitioner's case is that these ornaments and other articles belong to the petitioner herself having been purchased out of her own money. A copy of this complaint No.56 of 1996 pending in the Court of Judicial Magistrate, First Class, Rajula has been annexed as Annexure.A with the petition. Pursuant to the aforesaid complaint, the petitioner was arrested by the police on 18/09/1997 and was produced before the Magistrate on the next day, and on 20th September 1997, she was released on bail. On 6th October 1997, she was again taken on remand at 7.45 p.m. and was released on 8/10/1997 at 5.30 p.m. On 19th March 1998, the chargesheet was filed in the Court and thereafter on 13/04/1998, an order was passed by the respondent no.2 placing the petitioner under suspension. A reading of this suspension order dated 13/04/1998 shows that the authority which placed the petitioner under suspension took notice of the fact that at Rajula Police Station, a criminal case for the offence under Sections 420/406 of the Indian Penal Code had been filed and she was brought to the police station from Bahucharaji on 18/09/1997 at 12.15 O'clock and was produced before the Magistrate at 10.30 O'clock on 1 9/09/1997 and on 20/09/1997, she was taken to hospital and thereafter released; again from 6th October 1997 to 8th October 1997, she waswas taken on remand and thus she had remained in custody for a period of more than 48 hours and therefore, it was a case of deemed suspension under Rule 5.2(a) of the Gujarat State Civil Services (Discipline and Appeal) Rules, 1971 and therefore, having remained in custody for the offence as aforesaid dated 18/09/1997, she was placed under suspension with the headquarters at Bahucharaji and that she would get 50% of the pay as subsistence allowance etc.

(2.) Against this suspension order dated 13th April 1998, the present petition was filed before this Court by the petitioner on 4/05/1998. On 5/05/1998, the notice returnable for 25/06/1998 was issued. An affidavit-in-reply dated 1 9/11/1999 has been filed by the respondent no.2 wherein it has been stated in para 3 by Shri H.G. Pandya, Administrative Officer and Additional Director of the Medical Services at Gandhinagar, working under the Commissionerate of Health Department that,

(3.) Thereafter, when the matter came up before the Court on 6/12/1999, Rule was issued and the matter was directed to be listed for hearing for today, i.e. 15/12/1999 and while doing so, it was also observed in the order dated 6/12/1999 itself in presence of learned Counsel for the respondents that, in the meanwhile, the concerned authorities shall also consider the background of the facts under which the suspension order was issued and would also examine the question as to whether this suspension of the petitioner was required to be continued any further. However, today, when the matter was taken up, learned Asstt. Govt. Pleader has submitted that no decision has been taken by the respondents and the Court may pass appropriate orders.