Virendra Singh Rathore vs The State Of U.P. And 4 Others
2022 Latest Caselaw 15333 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 8805 of 2022
 

 
Petitioner :- Virendra Singh Rathore
 
Respondent :- The State Of U.P. And 4 Others
 
Counsel for Petitioner :- Atipriya Gautam,Munesh Kumar,Sr. Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard Shri Atipriya Gautam, learned Senior Counsel assisted by Shi Munesh Kumar, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.

Present petition has been filed alleging that the petitioner was suspended on 05.02.2019 only on account of pendency of a criminal case and more than three years have elapsed.

A supplementary affidavit has been filed today stating that the criminal case is still pending and has not been decided. The supplementary affidavit is taken on record.

Learned counsel for the petitioner places reliance on the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Chaudhary v. Union of India & Ors.; (2015) 7 SCC 291. He argues that he has already moved an application for recall of the suspension order as the same cannot continue indefinitely which application has not been disposed off till date.

Considering the fact that the application for revocation of suspension is pending consideration before respondent no.5 i.e. S.S.P. Ghaziabad, the writ petition is disposed off directing respondent no.5 to pass order on the said application of the petitioner in the light of the law of the land within a period of four weeks from the date of production of a copy of this order.

Order Date :- 31.10.2022

Nishant