SUSPENDED top cop Ray Mallon is challenging his old boss to reinstate him.

The 45-year-old detective superintendent, who was suspended 31 months ago as part of the Operation Lancet anti-police corruption investigations, is challenging Chief Constable Barry Shaw's decision to continue his suspension.

Officially cleared by Government legal officers of any criminal activities, he claimed yesterday that his continued suspension from duty cannot be justified.

Cleveland Police, however, said last night that the suspension will remain in force while "disciplinary matters'' are considered.

Det Supt Mallon, former head of Middlesbrough CID, said: "Barry Shaw is the Chief Constable of Cleveland Police. I hold him responsible for my present position.

"My message to the Chief Constable is simple: Cleveland Police is far more important than Barry Shaw or Ray Mallon. Mr Shaw should know - as I know - that there is no justification for my continued suspension from duty."

He added: "The force has suffered, the public has suffered. My family have suffered and both Barry Shaw and I have suffered.

"Mr Shaw should now do the honourable thing and reinstate me immediately. If he has any conscience or compassion at all, he should do what I ask, as any impartial reader of the evidence for and against me will conclude without difficulty, that I have done nothing wrong.''

Det Supt Mallon, who was suspended from duty on December 1, 1997, said: "My intention is to return to work with Cleveland Police, no matter what.

"I will not walk away. Some things are not negotiable. I owe the public and officers of the force a great deal and I do not intend to desert them.''

He added: "I know this case inside out. I am an experienced investigator and I am aware there is no evidence at all to justify my suspension. The reason why I have not been reinstated is they don't want to bring me back. The Police Complaints Authority want to see me side-lined because they don't want to go up in smoke.''

Mike Hymanson, Det Supt Mallon's solicitor, also urged: "Ray Mallon should be reinstated in his position even with a disciplinary inquiry continuing. There is no reason why Ray Mallon should not be immediately reinstated."