(1.) Rule, returnable forthwith. Heard finally by consent of parties.
(2.) The Petitioner, who is in service of State of Maharashtra, had been placed under the suspension pending criminal prosecution against him as also departmental enquiry. The Petitioner had approached the Maharashtra Administrative Tribunal by filing Original Application No.77 of 1998 which has been dismissed by the Tribunal by its order dated 24th of July, 1998. Though the Petitioner had approached the Tribunal as also this Court claiming several reliefs, the learned Counsel for the Petitioner restricted his petition to the continuance of the Petitioner's suspension and, therefore this is the only that aspect of the matter which we are examining.
(3.) The Petitioner was placed under suspension by order dated 19th January 1996 because he was detained in police custody for a period exceeding 48 hours. A criminal prosecution has been launched against him which is pending before the competent Court. However, till date, no chargesheet has been filed. The State Government has also started departmental enquiry against the Petitioner. However, in the departmental inquiry also, there is no much progress being made though the Petitioner continues under suspension for a period of more than 3 years.