1 wpl2662.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINALCIVIL JURISDICTION WRIT PETITION (L) NO. 2662 OF 2010 N.R. Haldankar ..Petitioner Vs. Shipping Corporation of India Ltd. .. Respondents Ms. Jane Cox for the Petitioner. Mr. S.K. Talsania, Senior Advocate a/w Mr. Manek Kalyaniwalla, Mr. Agnel Carneiro i/by M/s Mulla & Mulla for Respondent No.1. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 10TH FEBRUARY, 2011. P.C. 1. By way of this petition, the petitioner has prayed for setting aside the suspension order dated 19th July, 2006, which is subsequently extended. 2. The petitioner has been suspended in view of pending Criminal prosecution under section 465 to 468, 471, 406, 420 and 34 of Indian Penal Code against him. The prosecution is in connection with the allegations that the petitioner had mishandled the personal and family investments such as Mutual Funds, Shares, Bank Deposits, which was entrusted to him by one Shri Srivastava, who was Ex-Chairman and Managing Director of the respondent. In connection with the said prosecution the petitioner was also arrested and remained in jail for about 5 months. In view of the pendency 2 wpl2662.10.sxw of the criminal case, the petitioner has been placed under suspension. The learned Counsel for the petitioner Ms. Jane Cox submitted that the criminal case is likely to take long time and till that time the petitioner will reach superannuation and in view of the same, the order of suspension is required to be revoked. The learned Senior Counsel Mr. Talsania, after taking instructions from his client, states that since the petitioner is facing serious charges in a criminal matter and since he has remained in jail for more than 5 months, under service rules the employer has to suspend his employee, pending the criminal prosecution and it is not possible to allow the petitioner to work by assigning any insignificant work as was suggested on the last occasion. 3. In our view, since it is not in dispute that the petitioner is suspended pending criminal trial and as per service rules the employer has to suspend the employee when criminal case is pending and considering the nature of the criminal case pending against the petitioner, this is not a case in which this Court in its extra ordinary writ jurisdiction would set aside the suspension order only on the ground that the criminal matter may take long time. It will be open for the petitioner to request the competent Court before whom the criminal trial is pending to expedite the trial. If any such prayer is made, the concerned Judge may consider his request in accordance with law, in view of the fact that the petitioner is likely to retire by 31st December, 2011. In case the petitioner is acquitted, the employer will have to reinstate the petitioner as per Service Rules. Subject to what is stated above the petition is disposed of. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)