Court No. - 6 Case :- SERVICE SINGLE No. - 4055 of 2010 Petitioner :- Ram Kishore Mishra S/O Late Maddar Respondent :- State Of U.P. Thru Secretary Sec. Education & Ors. Petitioner Counsel :- D.N. Tripathi Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
This writ petition has challenged the suspension order
dated May 22, 2010. The order has been passed by
Joint Director, Education, Faizabad Mandal Faizabad.
The petitioner has challenged this suspension order
solely on the ground that it has been passed at the
behest and dictates of the superior authorities i.e. State
Government. In his support he has shown a letter dated
May 12, 2010 passed by the Joint Secretary,
Government of U.P., as contained in annexure No.4 to
this writ petition. In this letter there is a clear cut
direction that ” Shasan dwara ukta karmchariyon ke
kritya ko gambhirata se liya gaya hai evem unhe
nilambit karte hue unke viruddh anushasnik jaanch kiye
jaane ka nirnay liya gaya hai. Atah kripya Ra.E.Ka.
Barabanki mein karyarat ukta sabhi karmchariyon ko
niyamanusar nilambit karte hue unke viruddh
anushasnik janch sansthit karne ka kast karen evam krit
karyavahi se tatkal shasan ko avgat karayen.”
A perusal of the said order clearly shows that there was
mandatory direction to the Joint Direct of Education to
suspend the officers and accordingly it can be very
safely presumed that the appointing authority has not
applied its mind before placing the petitioner under
suspension. There is a catena of judgments of Hon’ble
Supreme Court and of this Court that the suspension
order can only be passed by the appointing authority
while applying his independent mind. In the present
case, there is no application of mind and in a stereotype
manner the orders have been complied and the
directions of the State Government have been carried
out without application of mind. Such an order can not
be sustained. A case for interference is made out.
Learned Standing counsel prays for and is granted four
weeks for filing counter affidavit. Rejoinder affidavit, if
any, may be filed within a week thereafter.
List thereafter.
Meanwhile, the operation and implementation of the
order dated 22.5.2010 so far it relates to the petitioner
shall remain stayed.
Order Date :- 9.7.2010
Sadiq