Allahabad High Court
Nawab Singh vs State Of U.P. And Others on 14 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 38 Case :- WRIT - A No. - 40454 of 2010 Petitioner :- Nawab Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Swarn Kumar Srivastava,R. C. Uttam Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner is aggrieved by the order of suspension, passed on the ground that he has been detained in prison for more than 48 hours. There is no dispute to this effect that criminal case is still pending against the petitioner, therefore, in such circumstances, this Court cannot direct the authorities to complete the disciplinary inquiry in view of the fact that in case this Court directs the authorities concerned to complete the disciplinary inquiry, the evidence disclosed by the petitioner will affect the criminal trial, therefore, in such circumstances, it will be appropriate for the petitioner to approach the authority by making an application stating therein that the criminal case will take a long period and in such circumstances it will not be appropriate to permit continuance of suspension. If such application is filed by the petitioner for revocation of the order of suspension, respondent No.2 may consider the claim of the petitioner for the said purposes and take a decision, if possible, within a period of two months from the date of production of certified copy of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 14.7.2010 NS