(1.) Writ jurisdiction of this court u/Art. 226 of the Constitution is invoked assailing the order dated 19/9/2014 vide P/1 by which services of petitioner (Assistant Teacher) have been placed under deemed suspension with immediate effect due to registration of offences punishable u/Ss. 294 & 307/34 IPC bearing Crime No. 554/14 at Police Station Kotwali, District Morena (M.P.).
(2.) It is brought to the notice by filing Annexure-P/2 that the order dated 9/2/2016 passed by First ASJ, Morena in S.T.No.7/16 framing charge u/S. 307 & 307/34 IPC was assailed by petitioner in Cr.Rev. 220/16 and the petitioner was discharged from the offence u/S. 307 & 307/34 IPC and the trial court was directed to consider the matter afresh. Pursuant thereto it is contended that the trial court re- considered the matter and framed charges against the petitioner u/S. 323/34 IPC on 20/4/2016 vide P/3.
(3.) The anxiety of counsel is that criminal prosecution in shape of sessions trial continues to be pending before the court of competent criminal jurisdiction with no hope of the same concluding in near future despite elapse of more than 4 years thereby prolonging the suspension violating the dictum of Apex Court in the case of Ajay Kumar Choudhary Vs. Union of India through it's Secretary & another (2015) 7 SCC 291.