Court No. - 27 Case :- SERVICE BENCH No. - 5 of 2010 Petitioner :- Luxmi Kant Shukla S/O Late Indra Prasad Shukla Respondent :- State Of U.P. Thru Principal Secy. Appointment And Ors. Petitioner Counsel :- Luxmi Kant Shukla,Inperson Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble Vedpal,J.
We have heard the petitioner in person.
Writ Petition under Article 226 of the Constitution of India has been preferred
against the rejection of the petitioner’s application for voluntary retirement
under Rule fundamental Rule 56 (e) of the U.P. Fundamental Rules, 1942.
During the course of the hearing, we have been informed that the disciplinary
inquiry is pending in terms of the order dated 15.5.2009 passed in writ
petition no.256 (S/B) of 2008.
Shri D.K.Upadhyaya learned Chief Standing Counsel submits that petitioner
has been attached to the Board of Revenue but he is not accepting his salary.
In response to this, the petitioner states that salary not been paid to him
despite the fact that he is running from pillar to post for the purpose.
Shri D.K.Upadhyaya submits that the petitioner himself is Drawing and
Disbursing Officer and he can withdraw the salary while attached with the
Board of Revenue even if he is under suspension. Whether a suspended
employee can withdraw the salary on his own, seems to be a question which
has cropped during the course of hearing. On the other hand, during the
course of hearing of the parties, we feel that suspended employee of the
State Government may not be a Drawing and Disbursing authority unless
provided by some Rules and Regulations.
Put up tomorrow i.e. on 12.8.2010 to learned Chief Standing Counsel to
apprise the court with reference to the existence of the service rules whether a
suspended employee being a drawing and disbursing authority, is able to
withdraw his own salary.
It is further stated that inquiry officer has submitted his report to the State
Government but no final decision has been taken. Shri Upadhyaya shall also
take necessary instructions by tomorrow with regard to the status of pending
inquiry initiated against the petitioner.
Order Date :- 11.8.2010
Tripathi