RAM PRASAD BANSAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the instant petition against the order dtd. 13/7/2012 (Annexure-P-1) and order dtd. 18/9/2014 (Annexure-P-2).

(2.) The case of the petitioner is that Lokayukt Special Police Establishment (hereinafter referred to as 'SPE' for short) had registered an offence against the petitioner as Crime No.246/2011 under the provisions of Prevention of Corruption Act, 1988. After completion of the investigation, a charge sheet was filed and after full fledged trial vide judgment dtd. 1/8/2014 in Special Case No.03/2012, the petitioner has been acquitted from all the charges. The employer of the petitioner had also proceeded against the petitioner and vide order dtd. 19/6/2012, his services were terminated. However, in an appeal against the penalty of termination, the petitioner was discharged vide order dtd. 30/6/2012 by the appellate authority.

(3.) According to learned counsel appearing for the petitioner, once the petitioner has been given a clean chit in a criminal trial and no misconduct has been found by the department, therefore, there is no justification with the respondent-employer to continue to keep the petitioner under suspension. According to him, the order of suspension dtd. 30/7/2012 (Annexure-P-1) should be revoked by the employer. The petitioner also submits that when he submitted the representation dtd. 27/8/2014, the same has also been rejected by the employer vide order dtd. 18/9/2014 (Annexure-P-2) while referring the circular dtd. 15/12/1979 to show that since the appeal against the judgment of acquittal is pending, therefore, the order of suspension cannot be revoked. He places reliance on a decision of this Court in the case of Arun Kumar Mishra Vs. State of M.P. and others W.P. No.14732 of 2019, dt. 13/11/2019 where while considering the earlier decision of this Court in the matter of Ram Ratan Tiwari Vs. State of M.P. and others 2002 (4) MPLJ 401 and M.P. State Civil Supplies Corporation Ltd. Vs. Vinod Kumar Salve 2008 (4) MPLJ 235, this Court has been pleased to observe that the Executive Instructions dtd. 15/12/1979, would not override the provisions of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966.