MALIKHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging his suspension order dated 20/22.4.2010 passed by the Regional Employment Officer, Aligarh, Annexure-9 to the writ petition.

(2.) The facts of the case, in brief, are that there appears to have been a dispute between the petitioner's brother Rajesh Kumar and one Malikhan son of Ishwari Singh. The allegation is that as a result of the said dispute Rajesh Kumar, brother of the petitioner was murdered and F.I.R. was lodged and the session trial is continuing and in the session trail the petitioner is complainant and his examination in chief was recorded on 4.10.2009. The allegation further is that Ram Vilash alias Pappu and one Puran, who is the real brother of the accused Malikhan son of Ishwari Singh with certain persons went to the house of Smt. Rajan Shree wife of the deceased Rajesh Kumar on 25.10.2009 and threatened her with dire consequences and also broke the cot (Charpai) and a television set and thereby tried to intimidate them so that they may not appear to give their statement in the said session trial. Ram Vilash and Puran also made enquiries about the petitioner (Malikhan Singh son of Tehsildar). On hearing the noise and hue and cry being raised, large number of persons gathered at the spot and Ram Vilash was caught by them. Smt. Rajan Shree sought to lodge an F.I.R. with the police but the police had not registered the same as a result of which Smt. Rajan Shree made a complaint under section 156(3) Cr.P.C. in which the C.J.M. concerned directed for lodging the F.I.R. and accordingly the F.I.R. was registered against Ram Vilash on 8.1.2010 under section 427, 452, 506 I.P.C.

(3.) The case of the petitioner further is that since he was Dewar of Smt. Rajan Shree and was doing pairvi in the murder case of his brother Rajesh Kumar, he was also implicated as an accused in case crime no. 709 of 2009 under sections 308, 325, 323, 435 I.P.C. The petitioner was arrested on 5.11.2009. On receiving information regarding the petitioner's arrest, furnished by the District Employment Officer, Etah, the Regional Employment Officer, Aligarh issued an order dated 14.12.2009 placing the petitioner under suspension with effect from 15.11.2008. On 17.12.2009 the sessions Judge allowed the petitioner's application for bail and in pursuance thereof the petitioner was released from custody. On release from custody the petitioner submitted an application to the District Employment Officer, Etah dated 19.12.2009 requesting him to sanction his E.L. with effect from 22.10.2009 to 18.12.2009 and to permit him to join the duties. The District Employment Officer passed an order on 19.12.2009 to the effect that decision on the petitioner's representation will be taken after the decision, if any, is taken by the Regional Employment Officer, Aligarh.