1. The petitioner was placed under suspension pending criminal investigation/trial. In the trial, he is acquitted. It is further intimated that the said acquittal has not been challenged and has attained finality. Even thereafter, the period during which he remained under suspension for this purpose, is treated to be suspension. It is this action which is under challenge.
2. Learned Advocate Mr. Chhaya has referred to Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Dec 30 00:59:11 IST 2016 C/SCA/14475/2005 ORDER the decision of this Court recorded in Special Civil Application 4898 of 2001. Prima-facie, the said decision would not support the case of the respondent authorities, instead it would support the case of the petitioner.
3. Further the respondent-corporation is required to make its stand clear as to whether, the policy of the government in such cases, is followed by it or not. To response to this query, Mr Chhaya prays for time.
4. List on 9th January, 2013.
(PARESH UPADHYAY, J.) ali/35 Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Dec 30 00:59:11 IST 2016