Court No. - 2 Case :- SERVICE BENCH No. - 1383 of 2009 Petitioner :- Hayat Husain Khan S/O Late Raza Husain Respondent :- State Of U.P. Thru Prin. Secy. Rural Eng. Services & Others Petitioner Counsel :- Nisar Ahmad,K.K. Singh Respondent Counsel :- C.S.C. Hon'ble Uma Nath Singh,J.
Hon’ble Vedpal,J.
The petitioner has challenged the impugned suspension order dated
21.8.2009, as contained in Annexure No. 1 to the writ petition.
Vide order dated 18.9.2009, we passed the following directions;
“……………………………………………………………………………….
We are informed that the petitioner has not yet handed over the charge,
hence, let there be the status quo as on today, till the next date of hearing.
On request of learned counsel for State, he is granted three weeks’ time to
file a Counter affidavit.
Rejoinder affidavit, if any, may be filed within one week thereafter.
List thereafter.”
Learned counsel for the petitioner submitted that the petitioner has not been
served with charge sheet till date whereas learned counsel for the State
submitted that the petitioner refused to accept the charge sheet . Learned
counsel for the petitioner also submitted that the petitioner has not been paid
subsistence allowance to which he was entitled for the period of suspension.
In view of the aforesaid submissions, we dispose of this writ petition with the
direction that the pending inquiry , if any, shall be completed within a period
of three months from the date of receiving a copy of this order. Till then
interim order of status quo shall continue to remain in operation. However, it
is clarified that the State would be at liberty to transfer the petitioner from the
present place of posting in the same position as it existed on the date of
passing of order of status quo. Subsistence allowance, if not paid till date,
shall be cleared within the aforesaid period of three months.
Writ petition is, thus, disposed of.
Order dated 2.8.2010
Tripathi