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Judgment
The petitioner has filed the present petition being aggrieved by order dated 14.12.2018 whereby he has been placed under suspension due to filing of challan u/s. 13(1)(d) and Section 13(2) of Prevention of Corruption Act.
Learned counsel for the petitioner submits that now vide judgment dated 30.12.2019 the petitioner has been acquitted from all the charges, therefore, the suspension order is liable to be revoked. He submits that the petitioner was placed under suspension only on account of pendency of the criminal trial. He is not facing any departmental enquiry. In view of this change circumstances, the suspension order of the petitioner is liable to be recalled. The petitioner has submitted a representation followed by legal notice, but no action has been taken so far, hence the present petition.
Learned Panel Advocate appearing for the respondents/State, submits that the petition may be disposed of with a direction to respondent No.2 to consider the representation of the petitioner in view of the changed circumstances. The power of revocation of suspension order is liable to be exercised by the authority who has placed the delinquent under suspension.
In view of the above, this petition is disposed of with a direction to respondent No.2 to consider and take a final decision in this matter within a period of two weeks from the date of production of certified copy of this order, The petitioner is free to submit a detailed representation along with certified copy of this order and judgment dated 30.12.2019. This Court has not expressed any opinion on the merits of the case.
With the aforesaid, the petition stands finally disposed of.