MARURI YASHWANT JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has been serving under the Government of Maharashtra as a police Sub-Inspector and be was so serving on 4th June, 1978 on which date an order of suspension was passed against him. That order of suspension was passed with effect from the date of the receipt of the said order. It was alleged that be was involved in a criminal case of Ajara Police Station. In that case the petitioner was charged with offences punishable under sections 341, 323 and 504 all read with section 34 of the Indian Penal Code. The record before us shows that the suspension order was received by the petitioner on 9th June, 1978 from which date, therefore, be must be deemed to have been placed under suspension.

(2.) The petitioner was ultimately prosecuted in Criminal Case No. 223 of 1980 in the Court of the Judicial Magistrate, First Class, at Gadhinglaj in Kolhapur District. The learned Magistrate, by his judgment and order dated 25th May 1982 acquitted the petitioner of all the offences with which be had been charged.

(3.) Pursuant to this order of acquittal, the Superintendent of Police of Kolhapur, by his order dated 29th May, 1982 reinstated the petitioner in service with effect from the date of the receipt of the order of reinstatement. The superintendent of Police added the following in his order dated 29th May 1982: