HEERA LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) AN alleged corrupt Government officer, arrested in a criminal case, has prayed for quashing of suspension order by the Court under its extra ordinary and equitable jurisdiction. Should this Court interfere with administrative order of suspension, in favour of a petitioner of such alleged misconduct? Was Article 226 enacted by the founding fathers of the Indian Constitution for providing protective umbrella, to alleged accused under Prevention of Corruption Act against whom the allegation is that for lest of money be stooped down to enrich himself even in famine money, at the cost of famine stricken starving villagers? Whether the members of the Legislative Assembly should make recommendations for such alleged corrupt officers facing criminal investigations and further whether such recommendatory letters should be produced in the High Court for getting relief, after they have failed to influence the bureaucracy? After the above untraditional judicial interpretation of scope of judicial review, now the traditional facts. Shri Heeralal, a Junior Engineer in the Public Works Department (B & R), Barmer has filed this writ petition challenging the order of suspension dated 30.6.80 made by the Executive Engineer. The petitioner has made the following prayer in the writ petition: -

(2.) I have given a thoughtful consideration to the submissions of Mr. Mridul and prima facie, the contentions raised are plausible. However Mr. Mridul during the course of arguments fairly informed the Court that in connection with the enquiry of the Anti -Corruption Department against the petitioner, the petitioner was arrested on 4.2.83. In para 6 of the writ petition a mention has been made of it but it has not been mentioned what are the offences for which he has been arrested. This information has changed the entire complexion of the case.

(3.) IT has not been mentioned nor it is shown whether a challan has been filed or is going to be filed very shortly but all that the petitioner has mentioned is that the petitioner has been released on bail and the persons referred to above, have not been arrested so far though according to the petitioner, the police wants to arrest them. In this para, the petitioner has also mentioned that the challan has not yet been filed in this case.