WPSS/838/2021
2021 Latest Caselaw 2435 UK

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                                     WPSS No.838 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Prem Kaushal, Advocate, for the petitioner.

Ms. Anjali Bhargava, Additional CSC, for the State.

The petitioner, who is working with the respondent as a "Sweeper/Parayavan Mitra", had been placed under suspension, by virtue of the impugned Order No.30, dated 08.04.2021, which passed by the Executive Officer, Nagar Palika, Tehri, on the ground that a criminal case, being Criminal Case No.50 of 2020, "State Vs. Rajat Kumar and others", which was registered against him for the alleged commission of the offences under Section 323, 326, 504 and 506 of IPC, at Police Station, New Tehri, District Tehri Garhwal, and as a consequence of the registration of the said FIR, he was taken in custody on 19.02.2021, and remained so in a judicial custody for forty-eight hours, and hence in the light of the Disciplinary and Appeal Rules, 2003, he has been placed under suspension, since he was kept in custody for a period beyond 48 hours.

The petitioner in the present writ petition has contended that he has challenged the veracity of the said FIR, by preferring a writ petition being WPCRL No.583 of 2021, "Rajat Kumar & another Vs. State of Uttarakhand", and the Coordinate Bench of this Court by the judgment dated 07.05.2021, had quashed the FIR. Not even that, he had also filed the bail application being Bail Application No.665 of 2021, and the Coordinate Bench of this Court vide its order dated 07.05.2021, had granted him bail for his alleged involvement in the commission of the said offences.

In view of the interferences arrived at by the Coordinate Benches of this Court, whereby the FIR has been quashed by the writ court under Article 226 of the Constitution of India, hence the very reason for suspension, which was the registration of the FIR, and petitioner being taken in judicial custody for forty-eight hours, becomes futile and honest exercise, because it will be presumed that as if there is no criminal case which was ever registered against the petitioner.

For the aforesaid circumstances, let notices be issued to the respondent No.2. Steps will be taken by the petitioner within a period of ten days from today. They may file their counter affidavit within a period of four weeks.

Till the next date of listing, the effect and operation of the suspension Order No.50 dated 08.04.2021, as passed by the respondent No.2, would be kept in abeyance and the petitioner will be permitted to discharge his official duties, and would be paid his salary, as due to be paid to him.

List after service of notice on respondent No.2.

(Sharad Kumar Sharma, J.) 15.07.2021

NR/