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Judgment
This writ petition has been filed by the petitioner aggrieved
against the prolong suspension, which was affected by order dated
01.07.2014 (Annex.-3).
A reply to the writ petition has been filed by the
respondents, inter alia, indicating in the additional pleas as
under:-
"1. That it is respectfully submitted that the State Government issued a circular dated 07.07.2010 laying down the guidelines regarding suspension and revocation of suspension of the Government servant/s against whom criminal case is pending. In the said circular, it was provided that in all there are three types of cases as mentioned in the order; and in those cases in which a period of 3 years has elapsed from the date of suspension and challan has also been filed against the public servant then their cases will be submitted before the duly constituted Committee and the said Committee shall make its recommendation after considering each case on its own merit. The copy of the said circular shall be kept ready for the perusal of this Hon''ble Court at the time of hearing of writ petition. However, in view of said circular suspension matters are ripen on expiry of 3 years period from the date of suspension and in the case of the petitioner said period has not elapse. Therefore, on account also the writ petition is liable to be dismissed."
In view of the additional plea taken by the respondents, as
three years'' period has passed since the order dated 01.07.2014
was passed, the duly constituted Committee is bound to review
the order of suspension and desirability of continuance of such
suspension of the petitioner.
In view thereof, the writ petition filed by the petitioner is
disposed of with the directions to the respondents to consider the
case of the petitioner in the next meeting of the Committee
constituted for reviewing the cases of suspension.