ANIL YADAV & ORS. vs STATE OF BIHAR & ANR.

The Supreme Court held that an order of suspension cannot typically be challenged in incidental proceedings; however, it entertained the petition due to allegations of mala fides aimed at obstructing the Court's directive. The Court found no evidence supporting the claim that the suspension was a retaliatory measure against the petitioner for failing to file an affidavit. It was determined that the petitioner was not prevented from filing his affidavit and could challenge the suspension order in a properly constituted proceeding on grounds including mala fides.