MANMOHAN SINGH Vs. MUNICIPAL CORPORATION INDORE

JUDGEMENT

(1.) "We hold these truths to he self -evident" observed by Thomas Jefferson in 'The Declaration of Independence', "that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life liberty and the pursuit of happiness. "Petitioners five in number in W.P. No. 1201/97 and one in W.P. No. 1283/97, have taken recourse to umbrella of Article 226 of the Constitution of India, deeming it to be protective, in pursuit of happiness, to seek mortality concerning them of order dated 31.8.96 (Annexures P -2 in W.P. No. 1201/97), flogging suspension from service on petitioner No.3, (Narendra Kumar Surana - - Sahayak Shilpagya) and petitioner No.5 (Amritlal Patel - - Upyantri) and another, on the ground of judicial custody in Crime No. 205/92 and of order dated 2.9.96 (Annexure P -3 in W.P. No. 1201/97) directing suspension from service of petitioner No.4 (Ashok Baizal -Sahayak Shilpagya), petitioner No.2 (Prabhakar Kale - - Upyantri), petitioner No.1 (Manmohan Singh Bayas - - Kshetramapak) and petitioner (Nityanand Joshi - - Sahayak Shilpagya) of W.P. No.1 283/97 (Annexure P -2) and another, concerning them, on the ground of registration of Criminal Case and administrative reasons on the linchpin of invalidity and arbitrariness.

(2.) FACTUAL matrix is in a narrow compass. These six petitioners are employees of respondent No.1. respondent No.3 has passed impugned orders (Annexures P -2 and P -3 in W.P. No. 1201/97 and Annexure P -2 in W.P. No. 1283/97) of suspension from service. Annexure P -2 of W.P. No. 1201/97 mentions Bye -law No.7 whereas Annexure P -3 does not mention any provision and does not even particularise administrative reasons. Challenge by the petitioners, inter alia, is on the fulcrum that registration of crime preceded the departmental enquiry which ended in exoneration (Annexure -P/1) and that enquiry against petitioner of W.P. No. 1283/97 was dropped after explanation in pursuance of Annexure P -1

(3.) RESPONDENTS have filed return in oppugnation.