SHASHI BHUSHAN SINGH Vs. CENTRAL COAL FIELDS LTD

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for issuance of an appropr iate writ for quashing an office order dated 26-8-1988 and as contained in Annexure-1 to the writ application whereby and whereunder the petitioner was directed to be placed under suspension by the respondent No. 1 purported to be in exercise of his power conferred upon him under Rule 24.7 (1 )(a) of Conduct, Discipline and Appeal Rules of Coal India Ltd. (hereinafter to be referred to and called for the sake of brevity as the said Rules).

(2.) The fact of the matter lies in a very narrow compass.

(3.) A first information report was lodged on 8-8-1988 alleging inter alia therein that one C. D. Ram Accountant of the State Bank of India, Kathura Branch entered into a conspiracy and in pursuance whereof he allegedly misused dishonestly the Bank deposits in between April 1986, to May, 1988. The petitioner was not named in the First Information Report. However, on the basis of statement made by one C. K. Mishra purported to be under Section 164 of the Code of Criminal Procedure, the petitioner was arrested on 20th August, 1988. Alleg dly, on 29-8-1988, the said C. K. Mishra retraced his statement and alleged that he gave statement under Section 164 Cr. P. C. as be was tortured by the officials of the C. B. I.