RAMESHWAR PRASAD AGARAHARI Vs. STATE OF U P

JUDGEMENT

(1.) U. K. Dhaon, J. Heard Sri S. S. L. Srivastava, learned counsel for the petitioner and the learned Standing Counsel.

(2.) THE petitioner has approached this Court against the order dated 9-12-2002 by which the petitioner was placed under suspension on the ground that he was in jail from 13-4-2000 to 17-4-2000. THE learned counsel for the petitioner submits that on 17-4-2000 the petitioner was released on bail in case Crime No. 35 of 1999 under Section 302 I. P. C. and thereafter by the judgment and order dated 14-3- 2002 passed by the Sessions Court, the petitioner was acquitted in the criminal case under Sections 302/304 I. P. C.

(3.) THE petitioner was arrested by the Police in case Crime No. 35 of 1999 under Section 302 I. P. C. and later on by the judgment and order dated 14-3-2002, the petitioner was acquitted in the said criminal case. A perusal of the suspension order reveals that the petitioner has been placed under suspension only on the ground that he was in jail from 13-4-2000 to 17-4-2000. THEre was no justification for the authorities to place the petitioner under suspension after the decision dated 14-3-2002 in the criminal case. Once a person has been acquitted in a criminal case by the competent Court his detention in the police custody on the basis of the F. I. R. is of no consequence and on that ground a person cannot be placed under suspension. THE impugned suspension order dated 9-12-2002 is legally not sustainable.