Court No. - 6 Case :- SERVICE SINGLE No. - 5480 of 2010 Petitioner :- Badri Nath Pandey Respondent :- The State Of U.P. Thorugh Its Principal Secy.Revenue Lucknow Petitioner Counsel :- Onkar Nath Tiwari Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard learned counsel for the petitioner and the learned Standing counsel.
The petitioner has been suspended on 7.7.2010 and charge sheet has also been
issued against him. Learned counsel for the petitioner apprehends that once a
government employee is placed under suspension, the inquiry is not
completed 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 petitioner will file reply to the charge sheet
within fifteen days from today. 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 :- 5.8.2010
RKM.