Court No. - 40 Case :- WRIT - A No. - 35031 of 2010 Petitioner :- Shiv Ratan Singh Respondent :- State Of U.P. Thru' Secretary Irrigation Deptt. & Others Petitioner Counsel :- A.R. Dube Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner and learned standing
counsel.
It is contended that in respect of construction of road done three
years’ back some exparte inquiry was got conducted on the basis of
which the petitioner has been placed under suspension on the
allegation that the proportion of cement and sand used was 1.3.79
in place of 1.3. It is further contended that the order has been
passed after three years without any opportunity to the petitioner to
participate in the alleged inquiry.
Learned Counsel for the petitioners has placed reliance on a
Division Bench decision of this Court in Shyam Singh Yadav Vs.
State of U.P. and Others reported in 2008(4) ESC 2666 (All) (DB)
wherein it has been held that under the first proviso to Rule 4(1) of
the U.P. Government Servants (Discipline and Appeal) Rules,
1989 unless the competent authority arrives at such a conclusion
on objective consideration of material on record that the
suspension of the petitioner is eminent as in the disciplinary
proceedings the petitioner is likely to be awarded major penalty.
No such satisfaction has been recorded in the impugned
suspension order by the authority concerned. Therefore, the
petitioner is entitled for interim order.
Learned standing counsel prays for and is granted four weeks’ time
to file counter affidavit. Petitioner will have three weeks’ thereafter
to file rejoinder affidavit. List for admission after expiry of the
aforesaid period.
Considering the facts and circumstances, untill further orders of
the this Court the effect and operation of the impugned suspension
order dated 1.6.2010/31.5.2010, passed by respondent no.2
(Annexure 1 to the writ petition) shall remain stayed.
Order Date :- 15.6.2010
AKJ