Court No. - 6 Case :- SERVICE SINGLE No. - 5595 of 2010 Petitioner :- Sajjan Ali Respondent :- The State Of U.P. Through Its Principal Secy.Food And Others Petitioner Counsel :- Surya Kant Singh Respondent Counsel :- C.S.C.,N.C.Mehrotra Hon'ble Shabihul Hasnain,J.
Heard Sri Surya Kant Singh learned counsel for the petitioner and Sri
N. C. Mehrotra learned Standing Counsel for the opposite party no. 2.
The petitioner has been placed under suspension on 29.6.2010, no
charge sheet has been issued against him. Learned counsel for the
petitioner apprehends that once a government employee is placed under
suspension, the charge sheet is not served for months together placing
the employee under social embarrassment.
The suspension is a matter, in which only the executive authority should
normally be allowed to look into the charges. However, the suspension
should also not be resorted to keep an employee eternally under
suspension.
Accordingly, this Court directs the opposite parties to complete the
inquiry within the stipulated period. The opposite parties will issue
charge sheet to the petitioner, if not already issued, within a period of
fifteen days from the date a certified copy of this order is placed before
him. The petitioner will file reply to the charge sheet within fifteen days
from the date the charge sheet is received by him. Thereafter, the
opposite parties shall proceed to conclude the inquiry within a period of
one month. On completion of inquiry the opposite parties shall issue
show cause notice to the petitioner within fifteen days to which the
petitioner shall submit his reply within fifteen days thereafter. The
opposite parties shall pass final order within fifteen days from the date of
receipt of the reply of the petitioner to the show cause notice. The
petitioner shall cooperate with the inquiry, failing which this order shall
be of no avail.
However, in case despite cooperation of the petitioner, the inquiry is not
completed as directed above, the petitioner shall have the liberty to
approach the Court once again.
With these observations and directions, the writ petition is finally
disposed of
Order Date :- 10.8.2010
Om.