Court No. - 38 Case :- WRIT - A No. - 39453 of 2010 Petitioner :- Nripendra Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- A. K. Srivastava Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner was posted as Prison Keeper (Bandi Rakshak) in the Central Jailat
Orai District Jalaun. He has been suspended levelling certain charges.
According to the petitioner, petitioner was not present at the time of incident.
Therefore, he cannot be suspended. Further, according to the petitioner, the
charges levelled against the petitioner are not such, which can lead to major
punishment like termination, dismissal or removal. Therefore, petitioner
submits that the order of suspension bad in law.
Learned Standing Counsel has informed that petitioner is also involved in the
criminal case and serious charges are levelled against the petitioner and a
criminal case is pending consideration. In such circumstances, I am of the
opinion that this Court in view of the fact that the criminal case is still
pending consideration, this Court should not direct the disciplinary authority
to complete the disciplinary inquiry against the petitioner. In view of the fact
that in case the disciplinary inquiry is commenced against the petitioner, the
evidence disclosed by the petitioner will effect the criminal trail. Therefore, I
am of the opinion that no positive order can be passed in favour of the
petitioner.
It is further open to the petitioner to make an application before the
disciplinary authority regarding the revocation of suspension order.
The writ petition is hereby dismissed.
No order as to costs.
Order dt.12.07.2010
Pr/-