ARVIND KUSHWAH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in this petition under Article 226 of the Constitution of India is to the order of suspension contained in Annexure-P/1 of placing the services of the petitioner under suspension under the provisions of Rule 9 (1) of the Madhya Pradesh Civil Services (Classification, Control and Appeal), Rules 1966, for brevity the Rules 1966 for having been arrested on 20.06.2015 in connection with Crime No. 4/2015 alleging offences punishable under Sections 417, 420, 467, 468, 471, 477-A, 120-B of I.P.C. and section 3/4 of M.P. Recognize Examination Act, 1937 and Section 65 & 67 of IT Act.

(2.) Learned counsel for the rival parties are heard.

(3.) When confronted with the objection raised by the learned counsel for the State that an alternative efficacious remedy of preferring an appeal is provided under Rule 23 of the said Rules 1966, learned counsel for the petitioner submits that the petitioner is visited with great prejudice on account of prolonged suspension, which is continuing till date since 20.06.2015. In this regard, it is submitted that despite Executive Instructions issued by the State for periodical review of suspension to assess the justification for further continuance of suspension, no such review has been done and therefore the petitioner has suffered prolonged suspension.