N. BALAKUMAR Vs. COMMISSIONER, MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The appellant, who is a Sweeper, has been suspended way-back in the year 2014, in pursuant to the case registered in Crime No.5 of 2014, followed by his arrest. The Writ Petition was filed in the year 2018, seeking to reinstate him on the ground of prolonged suspension.

(2.) The learned Single Judge, dismissed the writ petition inter-alia holding that in view of the fact that the criminal case is pending, the decision of the Apex Court reported in Ajay Kumar Chowdry Vs. Union of India, 2015 2 CTC 119 will not have any application and so also the order of the Division Bench.

(3.) The learned counsel for the appellant submitted that apart from the fact that the appellant was not named in the First Information Report, Accused No.1, who is a Sanitory Supervisor, by name, Suresh Kumar, got his suspension, revoked. The appellant is only a Sweeper. Now more than six years have lapsed. The Criminal case is not proceeded further. The charge sheet itself has not been filed. Therefore, the order of suspension is required to be revoked.