KAZISUJAUDDAULA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) As agreed to by Mr. AS Siddique, learned counsel for the petitioner and Mr. ND Chullai, learned Government Advocate appearing for the State respondents, the matter is taken up for final hearing and disposal.

(2.) The writ petitioner has been placed under suspension while serving as Head Assistant in the office of the Deputy Commissioner, (Election), South Garo Hills, after his arrest in connection with a number of criminal cases. As far back as 1997, the police registered Mahendraganj P.S. Case No. 79(10)97, under Sections 147/148/149/ 436/326/153(A) IPC., Mahendraganj P.S. Case No. 93(10)97 under Sections 147/148/ 149/326/436/153(A) IPC and Mahendraganj P.S. Case No. 81(10)97 under Sections 395/ 397/436/153(A) IPC, against the writ petitioner, but even after a lapse of three years failed to complete the investigation and submit final report or charge sheet. The writ petitioner having filed the writ petition No. 132(SH)/ 99, this court directed the police to expedite investigation and submit charge sheet or final report in those cases within one month vide order dated 9.8.99 (Annexure-A to the writ petition). Pursuant to this order, the police completed investigation of those cases and submitted charge sheets against the writ petitioner. This court then finally disposed of the above mentioned writ petition with observation, "that criminal proceedings against petitioner shall be carried out with speed so as to avoid prolonging of his agony of being under suspension for an indefinite period." vide order dated 29.2.2000 (Annexure-B).

(3.) The writ petitioner alleges that even after a lapse of one and half year since this court passed the above order on 29.2.2000, there has been no progress in those cases, not even copies have been furnished to the writ petitioner except in one case, and such delay has caused immense material loss and mental agony to him