N.K.Mehrotra, J. - (1.) The petitioner is a 'Guarantee Peon' in Uttar Pradesh Co-operative Bank, Faizabad. He has challenged the order of suspension dated 28.4.2003 contained in Annexure-1.
(2.) I have heard the learned counsel for the petitioner Shri Vimal Kumar and Shri N.K. Seth learned standing counsel for the opposite parties.
(3.) The impugned order has been challenged mainly on two grounds : firstly the impugned order is an order of suspension from the back date and consequently it is an invalid order because suspension order is passed by way of discretion which has not been exercised after applying the mind. It appears that the petitioner was involved in a criminal case and on his arrest, he was suspended on 14.9.2001 from 7.8.2001 which is the date of his arrest through Annexure-3. He was granted bail on 18.4.2002. The bail order is Annexure-4. His suspension order was kept in abeyance after he was bailed out on 11.12.2002. This order is Annexure-5. During his trial, charges have been framed on 28.1.2003. Therefore, again the impugned order of suspension has been passed on 28.1.2003, the date on which the charges were framed.;