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2019 (11) TMI 1798 - HC - Indian LawsProlonged suspension - exercise of discretion - reliance placed upon ratio of the judgment in the case of AJAY KUMAR CHOUDHARY VERSUS UNION OF INDIA THROUGH ITS SECRETARY & ANR. [2015 (6) TMI 592 - SUPREME COURT] - HELD THAT:- The impact on the moral fibre of the society and the faith of the people should not be diluted on account of any occasional instances of misconduct. At the same time, officers should be guarded against ungenerous and unfavourable criticism on the basis of any invented tales, but their conduct should not be open to any genuine suspicion. The charges levelled against the respondent/writ petitioner in the present case can be assessed either way on the basis of the evidence that may be collected during the disciplinary proceedings or even during the criminal trial. This Court, therefore, should be cautious enough to take care while passing an order of reinstatement about the gravity of the allegations and the possibility of the delinquent in either trying to influence or delay the proceedings and gain advantage only by a sheer passage of time. The concept of human rights and protection of Article 21 should not altogether eclipse the circumstances of a case, where serious graft charges are pending adjudication. It would be appropriate that in such cases and on peculiar facts, it would be expedient and in the interest of justice to ensure that public faith and confidence is not diluted and consequently, we modify the order of the learned Single Judge directing posting of the respondent/writ petitioner against a non-sensitive post to the extent that he shall be treated to be on leave with salary for a period of three months from today. The appellant State will be bound to conclude the enquiry proceedings and the respondent/writ petitioner will be bound to co-operate with the same in order to bring the disciplinary proceedings to a logical conclusion. Appeal allowed.
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