RATTANLAL ARORA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE Petitioner to this writ petition has sought a mandamus directing the Respondents to reinstate the Petitioner in service since he stands acquitted in a criminal case on account of the pendency of which he was suspended.

(2.) THE above said relief's was claimed in view of the following facts:

(3.) THE counsel for the Petitioner states that in view of the admitted facts, the pendency of the appeal against acquittal cannot be regarded as a continuation of the trial nor it can be said that the offence is under investigation or any enquiries are pending against the Petitioner. The Respondents have got only a right to keep him suspended during the investigation or when enquiries are pending against him or during the trial before the competent authority. The counsel for the Petitioner resies on Surinder Kumar v. State of Himachal Pradesh, 1985(3)S.L.R 254, to support his submissions, wherein it has been observed: