GURUKESH BABU Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and learned standing Counsel.

(2.) BY this writ petition the petitioner has prayed for quashing the suspension order dated 14-11-2002.

(3.) THE aforesaid principles have been laid down by the Apex Court for staying the disciplinary proceedings. THE aforesaid proposition does not down that when a First Information Report has been lodged against an employee of a serious offence and he is facing criminal trial, he cannot be suspended. THE aforesaid decision does not lay down any such proposition. THE proposition is regarding desirability to proceed with the departmental enquiry and the said question has to be decided on the facts of each case. THE submission of Counsel for the petitioner that suspension order cannot be made in those cases is without any basis. THE Counsel for the petitioner has placed reliance on a Division Bench judgment of this Court in 1998 (1) LBESR 723, Dr. Shivraj Singh v. State, specifically paragraph 339. In the aforesaid paragraph 339, the Division Bench has as under: " (339) How a suspension can be described as arbitrary and irrational when the enquiry has not started. THE suspension is desirable in corruption embezzlement or misappropriation of Government money possesion of disproportionate assets misuse of official powers for personal gain, serious negligence and dereliction of duty resulting in considerable loss to the Government. "