Case Note & Summary
The writ petition was filed by a police inspector challenging the suspension order dated 21.10.2022, issued by the Joint Commissioner of Police. The petitioner sought to quash the suspension and requested reinstatement in a non-sensitive post, arguing that the disciplinary proceedings were nearing completion. The respondents, represented by the Government Advocate, acknowledged the pending disciplinary proceedings but agreed to review the suspension in accordance with applicable rules. The court, after hearing both parties, decided not to address the merits of the case but directed the respondents to review the suspension and issue orders based on their findings within four weeks. The writ petition was disposed of with no costs, and the connected miscellaneous petition was also closed.
Headnote
A) Constitutional Law - Writ of Certiorari - Review of Suspension - Article 226 of the Constitution of India - The petitioner sought to quash the suspension order and reinstate in service, citing prolonged suspension and nearing completion of disciplinary proceedings. The court directed the respondents to review the suspension and pass orders in accordance with law within four weeks, without delving into the merits of the case. Held that the review must be conducted fairly (Paras 5-6).
Issue of Consideration
Whether the prolonged suspension of the petitioner should be revoked and reinstatement ordered.
Final Decision
The court directed the respondents to review the suspension and pass orders in accordance with law within four weeks from receipt of the order, without delving into the merits of the case.
Law Points
- Article 226 of the Constitution of India
- review of suspension
- disciplinary proceedings
