ADHIP CHANDRA CHAUDHURI Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT was Commissioner of Income-Tax, Ranchi from 1994 to 1997. On 11.6.97 he was arrested in a criminal case and was bailed out by the Hon'ble Patna High Court vide order dt. 3.9.97. Because of his arrest in the criminal case, he was placed under suspension vide order dt. 2.9.97 w.e.f. 11.6.97, the date on which he was arrested by the police. Charge-sheet has been filed against the applicant along with many others in the infamous case known as "Fodder Scam Case."

(2.) The case for the applicant in this O.A. is that he has been falsely roped in the criminal case and that more than two years have passed, but no departmental proceedings have been initiated against him. It has been stated that the right of the applicant to earn livelihood is a fundamental right and it cannot be taken away or whittled down without any authority of law. It has further been averred that the act of the respondents in placing the applicant under suspension is mala fide and is unjust enrichment to the respondents. It has been prayed that the suspension order be quashed.

(3.) WE have heard the learned Counsel for the parties and perused the documents placed on record.