SAROJ SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order dated 28.9.89 by a writ of certiorari on the ground that it is illegal and unsustainable in law.

(2.) THE petitioner is employed as a Physical Instructor in Soorsagar Girls School, Bikaner, where she was working in September' 89, when on 14th September' 89 First Information Report was lodged against the petitioner on the allegations of having committed offences punishable under Sections 302, 498A read with Section 34 of the Indian Penal Code. Amongst the other allegations made in the First Information Report, one allegation was that the petitioner had illicit relationship with Kishan Lal and, therefore, both of them, with the common object and intention of removing permanently the wife of Kishan Lal, murdered her. The petitioner was arrested on 23rd September 1989 and was released on bail on 29th September' 89. After completion of the investigation, challan was filed and the petitioner is being prosecuted under Sections 306 and 498A of the Indian Penal Code. The trial is pending before the Special Judge, Bikaner.

(3.) ON 27.4.92 a letter was issued by the Director of Education, directing reinstatement of the petitioner after revocation of suspension. However, on 1.5.92, this letter dated 27.4.92 was quashed. Hence, this petition was filed, challenging the order of suspension claiming it to be illegal and unsustainable in law, as according to the learned Counsel Rule 13 of the Rules of 1958 does not envisage permanent suspension as is being inflicted by the impugned order.