Court No. - 38 Case :- WRIT - A No. - 1373 of 2010 Petitioner :- Anil Kumar Srivastava Respondent :- State Of U.P. Petitioner Counsel :- Vikas Pandey Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Learned counsel for the petitioner contends that the suspension order
has been passed merely on the ground that the matter was being
publicised through the news paper. The petitioner has been suspended
on the ground that he had demanded illegal gratification from a P.C.S.
officer for countersignature on a medical certificate.
The petitioner was called upon to submit his explanation which was
submitted by him on 16.12.2009 and which was accepted by the
Additional Director Medical & Health copy whereof is Annexure 6 to the
writ petition. It is therefore evident that the explanation of the petitioner
to the effect that there was a holiday of two days in between has been
accepted by the Additional Director, Medical & Health. In this view of the
matter the impugned order has been passed without taking any notice of
the said communication sent by the Additional Director, Medical &
Health .
Accordingly, the operation of the impugned order dated 16.12.2009 shall
remain stayed.
The respondents may file counter affidavit within three weeks. One
week is granted to file a rejoinder affidavit.
List thereafter.
Order Date :- 13.1.2010
mna
