SC2118 (5)
ACT:
Contempt of Court-Writ Petition pending to quash suspension
order-Stay vacated--Service of charge-sheet in respect of
disciplinary proceedings ... respondent filed a writ
petition in the High Court to quash the order of suspension
and also obtained ex-parte stay against the continuation
Kulamani Biswal, seeks quashing of
three orders, viz. (i) order dated 14th December, 2017, whereby the
petitioner was placed under suspension, by invoking Rule ... even though
accused of commission of the most heinous crimes, a fortiori
suspension should not be continued after the expiry of the
similar period especially
done and therefore he had approached this Court for the quashing of the suspension order.
Learned counsel for the petitioner submitted that when ... suspension order has been kept operational for an extremely long period and should, therefore, be set aside. The Suspension Order dated 27.8.2018 is, thus, quashed
persons against whom LOCs are
issued, obtain Orders regarding LOC
deletion/quashing/suspension from Courts and approach
ICPs for LOC deletion and seek their departure ... Court
Order, in all such cases, orders for deletion/
quashing/suspension etc. of LOC, must be communicated
to the Bol through the same Originator
days after
initial ninety days, that too, the suspension has been quashed
after initial ninety days. He, while relying upon the order dated ... quashed and set aside.
(iii) As a consequence of quashing of the suspension, the
applicant shall be reinstated within one month from the
date
order of revocation of suspension. The High Court
upheld the order of the Tribunal revoking the suspension and further quashed the
charge memo, declaring ... this
regard. If that were so, the Supreme Court would have quashed the
suspension of Ajay Kumar Choudhary. However, in view of the fact
that
cases;
iii) Though this Court in W.P.No.15158/2006
quashed the suspension order, held that the order
quashing the suspension will not preclude ... suspension order
was continued. Therefore, she filed the Writ Petition
No.15158/2006 in which her suspension order was
quashed. Further based on that order
Scale 432, was relied on by the learned Single Judge to quash the suspension and issue a direction to post ... Trial Court, which was a factor to be considered before quashing the suspension, allowed the Writ Petition.
6. The core question is as to whether
petitioner has now come forward with the present Writ Petition, for quashing the suspension order on the ground that though the investigating officer completed ... period of three months, but, he could not seek to quash the suspension order by placing reliance on the Judgement in the criminal case
order dated 13.5.1996 (Annexure 5), whereby the order of suspension was quashed, he was directed to be reinstated in service on the same day itself ... High Court by its order dated 13.5.1996 (Annexure 5) quashed the order of suspension and directed that the period shall be treated as on duty
