RANA GAJENDRA PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WITH consent of the learned Counsel appearing for the parties, the writ petition itself has been heard on merit for final disposal along with the interlocutory application.

(2.) IN this writ petition, the petitioner has sought for quashing the memo dated 18.2.1985, contained in Annexure 1, whereby and whereunder he was placed under suspension by the respondent authority on account of pendency of a criminal case not related with his service. The petitioner has further sought for a direction to the respondents to pay his full arrears of salary with effect from 18.2.1985 with all legal and consequential benefits. It is submitted by the learned Counsel for the petitioner that besides denial of the aforementioned reliefs, the petitioner has also been kept denied of his subsistence allowance with effect from 1st July, 1995, without any cogent reason.

(3.) ON merit, Mr. Amar Nath Singh, learned Additional Standing Counsel submitted that it is true that the petitioner has been kept under suspension for over 13 long years. Under Clause 13 of instructions issued regarding suspension, the power is vested in the disciplinary authority to review such cases periodically. As such, according to him, the petitioner should move the appropriate authority for review of his suspension.