Court No. - 25 Case :- WRIT - A No. - 53456 of 2009 Petitioner :- Radhey Shyam Yadav Respondent :- State Of U.P. & Others Petitioner Counsel :- Ajay Vikram Yadav Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and the learned Standing
Counsel.
The petitioner is a Sub Inspector of Police who has been suspended
under the impugned order dated 1st October, 2009 on the ground that
he failed to perform his duties diligently and was unable to remove the
traffic jam of Auraiya Diviyapur Road on 29th September, 2009.
Learned counsel for the petitioner contends that the charge as levelled
against the petitioner is absolutely frivolous, and does not warrant a
major penalty as such the suspension order deserves to be set aside.
A counter affidavit has been filed on behalf of the State and a
preliminary enquiry report dated 7th December, 2009 has been brought
on record. This report has been prepared and it is further averred in
paragraph 6 of the counter affidavit that the disciplinary proceedings
under 1991 Rules is pending consideration before the authorities.
Almost eight months have passed by and from the counter affidavit it is
evident that the enquiry has not been concluded in spite of the
submission of the preliminary enquiry report in December, 2009. The
counter affidavit filed does not indicate that the petitioner has not
cooperated with the enquiry.
It is, therefore, clear that the enquiry has not been concluded for no fault
on the part of the petitioner. The petitioner was favoured with an interim
order dated 12.11.2009 with a direction to complete the enquiry.
In such circumstances, the writ petition stands disposed of with a
direction to the authorities to conclude the enquiry as expeditiously as
possible but not later than three months from the date of presentation of
a certified copy of this order before them.
The petitioner shall be entitled to the benefit of the interim order granted
by this Court till the conclusion of the enquiry.
The writ petition is disposed of.
Order Date :- 16.7.2010
Sahu