SUMAN ROY CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application under Article 226/ 227 of the Constitution of India is at the instacne of an applicant under section 19 of the Administrative Tribunals Act, 1985 and is directed against an order dated January, 2005 passed by the Tribunal by which the said Tribunal admitted the application filed by the writ petitioner but refused to grant ad interim order of stay of operation of the order impugned in the said application.

(2.) The writ petitioner is a Government employee. On the basis of allegation of his wife against him and his mother, a criminal case under section 498A/406 of the Indian Penal Code was started against them and consequently, he was arrested on July 18, 2005. Ultimately, he was released on bail on August 24, 2005. As the writ petitioner was in judicial custody, he was absent from duty during the said period. After being released on bail, he joined his duty on August 25, 2005 and filed an application for grant of earned leave for the aforesaid period.

(3.) Long thereafter, on October 14, 2005, he was served with an order of suspension vide the Memo No. 3050(7)/C&F by which he was informed that he was placed under suspension under Rule 7(3) of WBSF (C,C&A) Rules, 1971 (hereinafter referred to as the rules) from July 28, 2005, the date of detention under police custody in connection with the Jadavpur Police Station Case No. 281 under sections 498A/406 of the Indian Penal Code as reported by the Inspector-in-charge of the Jadavpur Police Station vide Memo No. 4870/05 dated September 30, 2005.