ASHOK KUMAR DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) THE writ petitioner-appellant (hereinafter referred to as 'the petitioner'), aggrieved by an order dated 8. 4. 2009 passed by a learned Single Judge in Writ Petition No. 19047 of 2009 declining to interfere with the order of suspension has preferred this appeal under Rule 5 of Chapter VIII of Allahabad High Court Rules.

(2.) THE short facts giving rise to the present appeal are that the petitioner was working as a Locol Bodies Clerk in the Collectorate at Kushi Nagar. He was arrested in Case Crime No. 132 of 2009 under Sections 364 and 363/366 IPC and remained in custody for more than 48 hours. The District Magistrate, Kushi Nagar by order dated 30. 3. 2009 placed him under suspension on the ground of his arrest in the aforesaid criminal case.

(3.) THE petitioner challenged the aforesaid order of suspension, inter alia, contending that he having been released on bail, the deemed order of suspension shall come to an end. This submission did not find favour with the learned Single Judge. He disposed of the writ application, inter alia, observing that the petitioner, if he so chooses may make an appropriate representation and in case, it is so done, the District Magistrate, Kushi Nagar will consider and decide the same expeditiously.