MAHAVIR PRASAD JAIN Vs. RSRTC AND ORS.

JUDGEMENT

(1.) COUNSEL submits that Petitioner was placed under suspension vide order dt. 13/04/2001 upon a criminal case being registered against him for offence punishable under Prevention of Corruption Act. Counsel submits that after the charge being framed, the trial is pending for recording of prosecution evidence but no effective progress has taken place and criminal case is lingering on and may take its own course while he is facing agony of suspension for more than a decade having rolled by now.

(2.) COUNSEL submits that State Government issued circular dt. 07/07/2010, which has also been adopted by the Corporation vide order dt. 05/10/2010 (Ann.3) constituting a Committee to consider cases of such public servants who are placed under suspension due to criminal cases being registered under Prevention of Corruption Act/Indian Penal Code and are continuing under suspension for last more than three years, for review/reconsideration and pursuant thereto, the Committee has not taken a decision for review of suspension.

(3.) WITHOUT going into merits, writ petition is disposed of with the direction to the Petitioner to make a fresh representation for reconsideration/review of the order of suspension impugned, pursuant to Circulars dt. 07/07/2010 and dt. 05/10/2010 before competent authority, who may independently examine the same taking note of judgments (supra) and pass speaking order within three months thereafter and decision may be communicated to the Petitioner who if still feels aggrieved, will be free to avail the remedy under law.