HARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is working as Inspector Weights and Measures. Vide order dated January 6, 1998, the petitioner had been placed under suspension with effect from December 12, 1997. The petitioner prays that the order be quashed.

(2.) Mr. Brar, learned counsel for the petitioner contends that the order of suspension cannot operate retrospectively.

(3.) A copy of the order has been produced as Annexure P.1 with the writ petition. A perusal thereof shows that a criminal case has been registered against the petitioner. It is also clear from the record that the case is under the Prevention of Corruption Act, 1988. The petitioner was apprehended on December 12, 1997. He was ordered to be released on bail on December 18, 1997. It is not disputed that for the period during which the petitioner was detained, he will be deemed to be under suspension by the operation of the provisions of the Punjab Civil Service Rules. The challenge is to the order on the ground that the petitioner could not have been retrospectively placed under suspension.