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2016 (7) TMI 1683 - HC - Indian LawsDeemed suspension - Whether any departmental inquiry has been initiated against the respondent? - whether, any charge sheet has been filed in the criminal court from the date of registration of the FIR against the respondent? - HELD THAT:- While, there can be no quarrel to the proposition that merely because a period of suspension is long, that by itself cannot be a ground to withdraw the order of suspension - the decisions of the Supreme Court in Allahabad Bank [1997 (3) TMI 569 - SUPREME COURT] and in Rajiv Kumar [2003 (7) TMI 686 - SUPREME COURT] sought to be relied upon by the learned counsel for the petitioner are not applicable to the facts of the present case. The present case can be decided on the touchstone of the law laid down by the Apex Court in the case of Ajay Kumar Choudhary [2015 (6) TMI 592 - SUPREME COURT]. In this case the respondent was arrested on 20.09.2013 based on an FIR No. 16/2013. He was thereafter placed under deemed suspension. The respondent was released on bail on 01.11.2013. Till date neither any departmental proceedings have been initiated against him by the petitioners nor a charge-sheet has been filed in the criminal court. There are no infirmity in the order passed by the Tribunal which would require us to interfere in the proceedings under Article 226 of the Constitution of India. No ground is made out to entertain this petition - petition dismissed.
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