AMITAVA BHATTACHARJEE Vs. INDIAN STATISTICAL INSTITUTE

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India has been filed by the petitioner challenging the inaction on the part of the respondents in not withdrawing the order of suspension issued to him on November 16, 2009. The respondent no. 1 is Indian Statistical Institute and respondents nos. 2 and 3 are its Director and Chief Executive (Administrative and Finance) respectively.

(2.) THE petitioner is an employee of the respondent no. 1. THE case made out by him is that his wife Late Ruma Bhattacharjee was admitted to the hospital with burn injuries and died on October 17, 2009. On the basis of a written complaint by the father of the deceased wife, Airport Police Station case no. 199 of 2009 was started against the petitioner under Ss. 498 A/302/34 of the Indian Penal Code and 3 / 4 of the Dowry Prohibition Act.

(3.) THIS specific case of the petitioner is that he was placed under suspension as a result of initiation of a criminal case against him which has nothing to do with his service and he is entitled to have the order of suspension withdrawn after his release from custody on bail. Under the circumstances, the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding in the respondents to withdraw the order of suspension and to allow him to join his duty with immediate effect. On behalf of the respondents the respondent no. 3 has affirmed an affidavit.