RAMBHAN RAGHOBAJI REWATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who was then working as Sales-tax Officer, Class I at Nagpur, has been placed under suspension under Government Resolution dated 31st March, 1983 pending investigation in respect of the charge of demanding and accepting illegal gratification. The said order of suspension continued till 11th June, 1984 when this petition was filed, and is still continuing. Relying on the circular issued by the State Government on 18th September, 1974, the petitioner contends that the suspension cannot continue beyond a period of six months and that if it had to be continued beyond that period, it could be done so only for a further period of three months under the orders of the Chief Secretary to the Government. He contends that in view of the clear directions given in the circular, the order placing him under suspension should have been revoked and he should have been permitted to resume his duties. It is with this grievance that he has come to this Court for appropriate relief.

(2.) The said circular has been produced at Annexure A in this petition.

(3.) In its return, the State Government contends that "the circular is not mandatory and the cases of serious nature involving the offence under Prevention of Corruption Act are not covered by that circular about the progress of the prosecution." It is contended that in view of the serious nature of the offence of which the petitioner is charged, it is not a fit case where the order of suspension could be revoked and he could be reinstated in service. It is submitted that it is entirely the discretion of the State Government whether to or not to prosecute the person after six months and that it depends upon facts and circumstances of each case.