Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.2395 OF 2006 The State of Maharashtra & Ors... ... ..Petitioners Vs. Shri Mansing Bajirao Kadam ..Respondent Mr. S.R. Nargolkar, AGP for petitioners. None for Respondent. CORAM : F.I. REBELLO & K.K.TATED, JJ. DATED : 6TH NOVEMBER, 2009 P.C. The petitioners have moved this Court against the order of the Tribunal dated 9th August, 2005 in A.O. No.1683 of 2004 whereby the learned Tribunal stayed the order of suspension of a Police Inspector, Respondent herein. The issue pertaining to suspension is within the jurisdiction of the Disciplinary Authority. Courts, therefore, normally ought not to interfere unless there is infraction of the Rules or the employee is able to point out the violation of Article 14 of the Constitution in the matter of suspension. In the instant case the only reason given appears to be that the respondent was under suspension since 15th April, 2004. A criminal case had been filed and, therefore, there is no possibility of tampering with the evidence. 2. The enormity of this order can be borne by the fact that the respondent was placed under suspension for the offence under the provisions of Prevention of Corruption Act. In these circumstances, in our opinion, merely because the criminal case is filed can be no ground for revoking the order of suspension. Those against whom a prima facie material indicating the offence pertaining to corruption ordinarily should not be directed to be reinstated in service by setting aside the order of suspension. The only direction that can be given in this case is to complete the disciplinary proceedings at the earliest as inspite of the criminal proceedings it is always open to the Disciplinary Authority to proceed with the Departmental Enquiry. Considering the above, the impugned order is set aside. We, however, direct the petitioners that in the event the disciplinary proceedings are still not completed to review the case of suspension according to law. 3. Rule made absolute accordingly. No order as to costs. (K.K. TATED, J.) (F.I. REBELLO,J.)