LAWS(MPH)-2023-11-105

VINAY KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

Decided On November 29, 2023
VINAY KUMAR MISHRA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution has been preferred by the petitioner seeking following reliefs:-

(2.) It is the submission of learned counsel for the petitioner that at the relevant point of time, he was working as Constable in Transport Department and posted at Check post Multai (District Baitul). On the basis of a criminal case registered against him at Police Station Umari, District Bhind in connection with Crime No.309/2020 for alleged offence under Ss. 420, 465, 467, 468 and 471 of IPC, he placed under suspension vide order dtd. 17/09/2020.

(3.) Grievance of Petitioner is that for last more than 3 years, he is kept under suspension and same has not been revoked. He relied upon the judgment of Hon'ble Apex Court in the case of Ajay Kumar Chaudhary Vs. Union of India and Anr. reported in 2015 (7) SCC 291 and submits that in line of the said spirit, Circular dtd. 28/1/2013 and many more such directions have been given by the State Government to consider the case of suspended employees periodically for revocation, so that if their cases are befitting revocation then they may be given the benefit of revocation otherwise they may be continued to be the under suspension. No departmental enquiry initiated against the petitioner so far.