DATA RAM Vs. STATE OF U P

JUDGEMENT

(1.) ANJANI Kumar, J. Heard learned Counsel appearing on behalf of the petitioner and learned Standing Counsel representing the respondents.

(2.) BY means of present writ petition under Article 226 of the Constitution of India the petitioner, who is a Lekhpal, challenges the order of suspension dated 6th September, 2002 a copy of which is attached as Annexure-3 to the writ petition, whereby he was suspended under U. P. Government Servants (Discipline and Appeal) Rules, 1999 on the ground that the petitioner has been detained for more than 24 hours in prison.

(3.) BE that as it may, the suspension order which was passed under the Rules, which provide for automatic suspension on the ground that if a Government servant remained in prison for a criminal charge for more than 24 hours, in my opinion, cannot be said to have stayed as once the sentence awarded by the Sessions Court is stayed by this Court in Criminal Misc. Application No. 168255 of 2002. There is yet another reason that since the petitioner has already made a representation to the authorities concerned, it is not a fit case for exercise of power under Article 226 of the Constitution of India. This writ petition, therefore, devoid of any merits is accordingly dismissed. The interim order, if any, stands vacated. The petitioner is directed to pursue of his remedy for which he has already moved representation. However, the parties shall bear their own costs. Petition dismissed. .