STATE OF J&K Vs. GH NABI

JUDGEMENT

(1.) WHILE hearing SWP No. 114/95, a point of law, as follows, was raised: -

(2.) THE respondents -accused were placed under suspension for the reason that the trial of a case was pending before the Court. In the above mentioned service writ petition they challenged the suspension order on the ground that they had been acquitted. The State after acquittal of the respondents filed this appeal.

(3.) AN argument in the service writ petition was raised that pendency of an acquittal appeal would not amount to pendency of a trial. Learned counsel for the respondents here relied upon a judgment titled Abdul Rashid Khan Vs Director Libraries and another, reported in 1977 JKLR 225. I went through that judgment but could hot find myself in a position to follow the same. I would have, while exercising my powers in terms of Rule 18 of the High Court Rules, referred the matter to a larger Bench but the circumstances of the case did not permit me because while doing that a considerable time would be consumed and the petitioners who are under suspension for long would have to continue to remain under such rigour for an indefinite period. I thought it proper to get this appeal also listed before me to hear the same and after disposal proceed to decide the service writ petition on its merits.