Laakhan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 318 MP

                                                               Writ Appeal No. 192/2021
                                            1

      THE HIGH COURT OF MADHYA PRADESH
                                W.A. No. 192 / 2021
              (Laakhan Singh vs. State of Madhya Pradesh and another)
Jabalpur, Dated: 27.02.2021

         Mr. K.S. Jha, Advocate for the appellant.

         Mr. A.R. Rao, Government Advocate, for the State/respondents.

The appeal has been preferred by the appellant against the judgment

of the learned Single Judge passed on 5.2.2021, in Writ Petition No.

2728/2021.

The appellant in particular is aggrieved by the following

observations/directions made by the learned Single Judge, which reads as

under:

" Under these circumstances, this Court is of the considered opinion that instead of directing the respondents to review the necessity of continuation of the suspension, it is directed that the respondents shall obtain further instructions from the Special Police Establishment (Lokayukt) Bhopal with regard to the stage of investigation and would also seek instructions as to whether the continuation of suspension of the petitioner is required or not and after obtaining the instructions from the Director General of Police Special Police Establishment (Lokayukt) Bhopal, the Committee/Competent Authority shall decide the representation made by the petitioner for revocation of his suspension.

With the aforesaid observation, this petition is finally disposed of."

Learned counsel for the appellant submitted that the Single Judge

was not justified in directing the respondents to seek instructions from the

Special Police Establishment (Lokayukt), Bhopal with regard to the stage of

investigation; also seek instructions as to whether the continuation of

suspension of the petitioner is required or not and further directing that after

obtaining instructions from the Director General of Police, Special Police Writ Appeal No. 192/2021

Establishment (Lokayukt), Bhopal the Committee/Competent Authority

shall decide the representation made by the appellant/writ petitioner for

revocation of his suspension. It is further submitted that the respondents at

best could inquire about the stage of investigation and the nature of the

evidence in the investigation, but there is no requirement in law to obtain

instructions from Director General of Police Special Police Establishment

(Lokayukt), Bhopal.

Learned Government Advocate opposed the prayer and submitted

that there is nothing illegal or unusual in the impugned order.

Having regard to the submissions made, the writ appeal is disposed

of by modifying the impugned direction in the terms that the

Committee/Competent Authority may only obtain inputs from the Director

General of Police, Special Police Establishment (Lokayukt), Bhopal as to the

stage of investigation; the nature of evidence against the appellant; the time

by which the investigation would be completed; also within what time the

charge-sheet may be filed, the likely delay in completion of trial and in that

light decide the advisability of continuing with the suspension of the

appellant/writ petitioner or otherwise. The Committee/Competent Authority

shall decide the matter within a period of six weeks from the date of

production of a copy of this order.

                   (MOHAMMAD RAFIQ)                  (VIJAY KUMAR SHUKLA)
                    CHIEF JUSTICE                            JUDGE
Digitally signed
 Aks/-
by ANIL KUMAR
S
Date: 2021.03.01
14:26:19 +05'30'