VIRENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts as canvassed in the writ petition are not in dispute. The petitioner while serving as the Deputy Inspector General (Provisioning) at Tac Hqrs Frontier Head Quarter, BSF, Bhilai, he was served with an order dated September 9, 2019 issued by the Deputy Inspector General (Personnel), Hq. DG, BSF, bearing Memo No. C-14011/33/2013/CC/ PERS/BSF/2933-42 suspending him with immediate effect until further orders.

(2.) It was provided in the said order of suspension that the pay and allowance of the petitioner during the period of suspension would be regulated under FR 53. After expiry of a period of 1 year and 2 months, by a letter dated November 17, 2014 the petitioner sought for revocation of his suspension. The prayer for revocation was denied to the petitioner by a letter dated December 15, 2014 issued by the DIG (Confd). On the other hand, a complaint was lodged with the Central Bureau of Investigation (CBI) against the petitioner for commission of offences punishable under Section 120B IPC, read with Sections 7, 12, 13(2) and 13(1)(d) of the Prevention and Corruption Act, 1988 (hereinafter referred to as 'the said act'). The order of suspension was issued under Rule 40A of the BSF Rules, 1969. The CBI was entrusted with the investigation in the matter which culminated in filing of a charge-sheet before the learned Special Judge, (CBI) Court, Siliguri.

(3.) The learned Special Judge, took congnizances of the offences and directed that the petitioner be tried for commission of offence under Section 7 and Section 13(1)(d) and Section 13 (2) of the Prevention of Corruption Act. It is informed from the Bar that the trial is proceeding before the Special Judge, CBI Court, Siliguri.