Court No. - 6 Case :- SERVICE SINGLE No. - 4673 of 2010 Petitioner :- Sudheer Kumar Chauhan Respondent :- State Of U.P.Through Its Secy.Revenue Dept. Lucknow & Ors. Petitioner Counsel :- Shiv Shanker Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Petitioner was served with charge sheet on 17.7.2009. Inquiry was also
contemplated. Petitioner was required to file his reply within fifteen days. It is
alleged that the petitioner has not replied within the stipulated period. This has
been taken to be another misconduct and the petitioner has been placed under
suspension for not filing reply to the charge sheet. This is a strange and novel
view taken by the executive authority for suspension. It is within the right of
a person whether or not to defend himself in any matter. Nobody can be
forced to file reply and no person can be placed under suspension for non
filing of reply of a charge sheet. The rules clearly provide for inquiry to be
conducted in absence of reply to the charge sheet. Instead of looking into the
rules and without applying his mind the respondent No.3 has placed the
petitioner under suspension. Even otherwise, one year has passed and the
inquiry has not been completed. On any count, for non application of mind
and the callous attitude of the authorities, the suspension order dated
25.9.2009, as contained in annexure No.1, is stayed till further orders of this
Court.
However, it is provided that inquiry, if any, can proceed in accordance with
law if the authorities so desire.
Learned Standing counsel shall file counter affidavit within four weeks.
Order Date :- 14.7.2010
RKM.