A.L. Rao, R.R.K. Trivedi, J. - (1.) The petitioner in the writ petition No. 14468 of 1995 has filed this appeal having been aggrieved by the order, dated 24-5-1995 passed by the learned single Judge dismissing the writ petition,
(2.) The appellant herein has been placed under suspension pending enquiry by order, dated 12-5-1995 in respect of an incident which had taken place on 21st June, 1976 and original prosecution had been launched against him for an offence punishable under Sections 147,148,323 and 325, I. P. C. He was convicted on 31st January, 1984 for six months' Rigorous imprisonment. On appeal, the conviction and sentenced were confirmed. However, in the revision petition, the sentence was reduced to the period already undergone by the Judgment, dated 27th February, 1987. This order in the criminal revision was passed in the year 1987. Thereafter no disciplinary proceedings had been initiated against the appellant till the impugned order or suspension pending enquiry was passed on 12th May, 1895. Having regard to the facts and circumstances of the case referred to above, we are inclined to hold that placing the petitioner under suspension pending enquired by the impugned order cannot be sustained. Therefore, the order of suspension pending enquiry is liable to be quashed and it is, accordingly, quashed. We, however, make it clear that his order quashing the impugned order of suspension pending enquiry will not preclude the authority to institute disciplinary proceedings against the petitioner in accordance with law. It is open to the appellant to raise all such objections which are open to him under law in such proceedings.
(3.) For the aforesaid reasons, the order under appeal is set aside and the impugned order of suspension pending enquiry, dated 13th May, 1995 is quashed. The Special Appeal is, accordingly, allowed. No order as to costs. Special appeal allowed.;