ANGAD SINGH HOME GUARD Vs. STATE

JUDGEMENT

(1.) Writ petition is directed against the order dated 7.9.2009, passed by District Commandant placing the petitioner under suspension.

(2.) It is contended that impugned order nowhere shows that departmental enquiry is contemplated or pending. Petitioner has also filed supplementary-affidavit stating that no charge-sheet has been served upon him till date and no departmental proceeding has been initiated so far.

(3.) The order of suspension pending in a contemplated inquiry by itself is not a punishment but in case it is prolonged without initiation or completion of inquiry, it may become punitive with the passage of time. Whether such a prolonged suspension can be held valid and justified and whether the respondents can be allowed to keep an employee under suspension for an indefinite period is the moot question need to be answered in this case. The answer is an emphatic no.