Revocation of suspension
Kuppan.K.S
(Querist) 04 September 2010
This query is : Resolved
Thanks Mr.Subramaniam for your comments.
The reading of the CCS Rules shows that suspension in criminal cases can be revoked only after completion of trial. whether during the trial period a petition can be filed for revocation? If a writ is filed, will it not be dismissed on the above grounds?
Devajyoti Barman
(Expert) 04 September 2010
The suspension out of criminal cases can certainly be set aside filing writ in the high court.
s.subramanian
(Expert) 05 September 2010
Dear Mr.K.S.Kuppan,
It is well settled proposition of law that suspension cannot be utilised as a tool of punishment. If the suspension is not on valid grounds,it is always open to the High Court to interfere under Art.226 and revoke it. In several cases the High court has done it also during the pendency of the criminal cases. The pendency of trial in criminal case is not a bar for revocation of suspension if the same is basically unfair and illegal.
