Court No. - 24 Case :- SERVICE SINGLE No. - 9394 of 2006 Petitioner :- Munna Babu Respondent :- State Of U.P. Thru Secy. Medical & 2 Ors. Petitioner Counsel :- Surendr Pratap Singh Respondent Counsel :- C S C Hon'ble Rajiv Sharma,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
With the consent of learned counsel for the parties, the writ petition is
being disposed of finally.
By means of the instant writ petition, the petitioner is assailing the order
of suspension dated 17.10.2006 passed by the opposite party No.2 as
contained in Annexure No. 1 to the writ petition.
The argument of the learned counsel for the petitioner that the charges
are not correct and cannot be attributed to the petitioner, to which
learned Standing Counsel submits that the same cannot be a subject
matter of jurisdiction under Article 226 of the Constitution of India and it
can be considered by the Enquiry Officer, where the parties would be
free to lead evidence and produce material which may be proved by the
respective parties. The High Court is not acting as an Enquiry Officer in
the enquiry or is sitting over the suspension order.
Counsel for the petitioner, at this stage, submitted that a direction be
issued to the Enquiry Officer to complete the enquiry expeditiously, to
which learned Counsel for the State has no objection, if the enquiry is
directed to be expedited.
Considering the peculiar facts and circumstances of the case, it is
provided that in case, the petitioner requires the copies of any document
and makes an application in that behalf, the Enquiry Officer shall
consider the application of the petitioner for supply of documents and
after being satisfied about the relevancy of such documents within three
days from the receipt of such application, he shall supply the copies of
such documents to the petitioner and in case it is not practically possible
or for any other valid reason to supply the copy of any such document,
he may allow inspection of such document to the petitioner by fixing
date, time and place for such inspection within next seven days. The
Enquiry Officer shall ensure free access to the petitioner to such
documents, which are to be inspected by the petitioner. The petitioner
shall thereafter submit reply to the charge-sheet within the next fifteen
days and the Enquiry Officer shall complete the enquiry within the next
two months from the date of submission of the reply. The Enquiry
Officer shall submit his report on or before the expiry of the aforesaid
period of two months to the disciplinary/appointing authority, who shall
take necessary steps and pass final orders within the next one month. In
case the petitioner seeks any adjournment, the period of such
adjournment shall be excluded from the time schedule referred to
above. The petitioner shall co-operate in the enquiry, failing which, it will
be open to the enquiry officer to conclude the enquiry ex parte within the
period provided hereinabove.
In case the enquiry is not completed within the time provided, despite
the co-operation of the petitioner, the order of suspension shall stand
revoked and the petitioner would be at liberty to approach the Court
again.
With the above directions, the writ petition is finally disposed of.
Order Date :- 1.2.2010
Ajit/-