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TMI Blog2019 (11) TMI 1798X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er on the ground of prolonged suspension. 3. The appellant State and its authorities, in their usual lethargic mode of speed in processing disciplinary matters, particularly relating to incidents where allegations are of corruption, have filed this appeal contending that quashing of the suspension order added with reinstatement of the respondent/writ petitioner on any non-sensitive post, will still hamper the functioning of the department and would be a wrong precedent in the background that the respondent/writ petitioner is a Police Officer of a uniformed disciplinary services of the State Police entrusted with the onerous duty of policing and protecting the citizens of the State. 4. The contention is that if the protection of law is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een suspended subject to the disciplinary proceedings on the charges of alleged embezzlement. The Apex Court proceeded to observe that it would indeed be inconceivable that a bank should allow an employee to continue to remain on duty when he is facing serious charges of corruption and misappropriation of money. The Apex Court further observed that allowing such an employee to remain in the seat would result in giving him further opportunity to indulge in acts for which he was being prosecuted. 7. On the other hand, we have also to counter balance the period of time that has been luxuriously consumed by the appellant State in not only prolonging the suspension, but also not allowing the disciplinary proceedings to commence. 8. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t a suspension order should be set aside whenever charges are not served within three months. On the other hand, the Supreme Court propounded the proposition that the principles of expedition and diligence at every stage of a criminal trial ought to be applied in case of departmental enquiries. At all stages, i.e., investigation, inquiry, appeal, revision, the burden lies on the prosecution and in this case on the employer to justify and explain the delay. The Court is to engage in a balancing test to determine whether this right had been denied in the instant case. 7. In the case before the Supreme Court, the Central Administrative Tribunal had, having regard to the facts and circumstances of the case, directed that the suspension of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Single Bench erred in setting aside the suspension placing reliance on Ajay Kumar Choudhary (supra). 10. It is well settled that a judgment is to be understood in the context of the facts in which the judgment is rendered. Sentences in a judgment cannot be read in the same manner as a statute and in any case, words and sentences in a judgment cannot be read out of context. In Padma Sundara Rao (Dead) and others v. State of Tamil Nadu and others, reported in (2002) 3 SCC 533, cited by Mr. S. Saji Bino, learned counsel appearing on behalf of the appellant, a Five Judge Bench of the Supreme Court held as under: '9. Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld have quashed the suspension of Ajay Kumar Choudhary. However, in view of the fact that the charge memo had been issued to Ajay Kumar Choudhary-though after nearly three years of his initial suspension, the Supreme Court held that the directions issued by it would not be relevant to his case. 12. The reason for us to accept the aforesaid proposition emerges from an insistence in such matters on the trustworthiness, integrity and the devotedness that is required of a disciplined officer, who, in our opinion, should be beyond the influence of any allegations of corruption. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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