S.B. Sinha and M.H.S. Ansari, J. - (1.) This writ application at the instance of the State of West Bengal is directed against an order dated 14.5.99 passed by the Central Administrative Tribunal, Calcutta Bench, in O.A. No.92 of 1998 whereby and where under the original application filed by the respondent No.1 herein was allowed.
(2.) The basic fact of the matter is not in dispute. The respondent No. 1 herein was placed under suspension by an order dated 9.9.94. He was a member of the Indian Administrative Service. A police case bearing No.58 of 1994 of Durgachak Police Station. District-Midnapore was started against him on the basis of a first information report lodged on 28.8.94, whereupon investigation of a criminal case being in progress against the respondent No.1, the aforementioned order of suspension was passed. Admittedly, upon completion of investigation, a charge sheet was submitted which led, to a trial of the respondent No.1 herein by the 6th Additional Sessions Judge, Midnapore, in S.T.R. Case No.VIII of February 1996 on a charge framed under sections 302 and 201 of the Indian Penal Code. The trial ended in acquittal.
(3.) An appeal has been filed against the said order of acquittal in terms of subsection (1) of section 378 of the Code of Criminal Procedure by the appellants herein.;