KESHARI PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS special appeal has been preferred against the order passed by a learned single Judge dated November 23, 1994 in writ Petition No. 1292 of 1994 dismissing the writ petition preferred by the petitioner against the order of his suspension, dated March 16, 1994.

(2.) A perusal of the order of suspension indicates that it has been passed under Rule 134(c) due to pendency of investigation in a criminal case against the Petitioner. At present, it is at the trial stage as informed by the learned Counsel appearing for the opposite parties.

(3.) A reading of the above provisions as contained in Rules 134 and 135 together leads to the conclusion that 'involvement of moral turpitude' would be a relevant factor In deciding the question whether a member of the Force is to be placed under suspension pending investigation, Inquiry or trial under Clause (c) of Rule 134. As provided under Rule 135, a member of the Force who has been placed under suspension is required to be furnished charge on which suspension has been resorted to within a period of thirty days, failing which he will be deemed to have been reinstated. In the third proviso, it is 'indicated that this provision of thirty days would not be applicable In a case where a member has been placed under suspension on trie ground that a criminal case involving moral turpitude Is pending against him The necessary inference which follows from reading of Clause (c) of Rule 134 with third proviso to Rule 135, is that in cases other than those in which question of moral turpitude is involved, charge has to be furnished to the delinquent officer on the basis of which he is placed under suspension within thirty days and in case it is not done. It would be taken that he has been reinstated. The cases which have been excluded from this "thirty days" provision are where the question of security of the State or a criminal case involving moral turpitude is pending against him. It makes it clear that so as to be liable to be suspended on the ground of pendency of Investigation, inquiry or criminal trial as provided in Clause (c) of Rule 134 of the Rules, the offence should be such where the question of moral turpitude is involved.