BANWARI LAL MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Through the instant writ petition, the petitioner has assailed the order dated 9.4.2003, as contained in Annexure-1 to the writ petition, whereby he has been placed under suspension on the ground of pendency of Criminal Case No. 114 of 2003 under Section 302/506, I.P.C. and Case No. 115 of 2003 under Section 25 of the Arms Act.

(2.) Briefly stated, the facts of the case are as follows : At the relevant time the petitioner was posted at Sitapur as Enforcement Supervisor in the Office of A.R.T.O. An F.I.R. was lodged on 30.3.2003 alleging therein that on the date of incident the petitioner came to the shop of the informant and demanded a sum of Rs. 25,000. When his father Rampal Gupta, S/o Maikulal Gupta protested, he took out his country made pistol and fired upon him as a result of which the father of the informant died. A case under Section 302/506, I.P.C. was registered against the petitioner as Crime Case No. 114 of 2003, Police Station Khairabad, district Sitapur. Consequent upon the said incident the petitioner was lodged in jail. He, vide order dated 9.4.2003, passed by opposite party No. 3 was placed under suspension, copy of which has been annexed as Annexure-1. The petitioner, however, was subsequently granted bail by this Court on 4.2.2004, whereupon he informed the opposite parties and submitted his Joining.

(3.) I have heard the learned counsel for the petitioner, Sri J. C. Srivastava as well as Sri Badrul Hasan, the learned standing counsel.