Rakesh Tiwari, J. - (1.) Heard Counsel for the parties and perused the record.
(2.) The petitioner was initially appointed as Constable on 5.3.1991. While he was working as Fire Man in the Fire Station Bhelupur, District Varanasi, he is alleged to have been implicated in a criminal, case under Sections 364/323 -IPC in pursuance of the FIR lodged by one Smt. Asha Srivastava wife of Sri Ashutosh Kumar Verma in respect of an incident on 9.2.1999. The petitioner was arrested by the Police and released on bail on 20.2.99. Thereafter he was suspended vide Order dated 12.2.99 passed by respondent No. 2, Senior Superintendent of Police, Varanasi. The petitioner moved an application before respondent No. 2 for cancellation of the Order of suspension since criminal case No. 47 of. 1999 was pending before the Additional Chief Judicial Magistrate IVth, Varanasi against him which may take long time for disposal.
(3.) The petitioner was thereafter transferred vide. Order dated 14.6.2002 passed ' by respondent No. 2 from Varanasi to Aligarh. He moved an application dated 20.7.2002 praying that he may not be transferred during the pendency of criminal case against him in Sessions' Court, Varanasi.;