Court No. - 18 Case :- WRIT - A No. - 71760 of 2009 Petitioner :- Sudhakar Mishra Respondent :- State Of U.P. & Others Petitioner Counsel :- D.S. Mani Tripathi Respondent Counsel :- C.S.C. Hon'ble Sudhir Agarwal,J.
At the outset, Sri D.S. Mani Tripathi, learned counsel for
the petitioner stated that he does not press the second relief
with respect to quashing the chargesheet dated 22.10.2009,
issued by Deputy Basic Education Officer and has
confined his relief to prayers nos. 1 and 3. He submits that
the suspension having been made on 28.11.2008, almost a
year has passed but inquiry has not been completed and
the chargesheet could be issued to the petitioner as late as
in October, 2009. He further submitted that he has already
submitted his reply to the chargesheet on 17.11.20009 but
inquiry has not been completed till date.
It is not disputed that the impugned order of suspension
has been passed by the competent authority and is not
contrary to any statutory provision. The chargesheet
having already been issued to the petitioner and reply has
also been submitted by him, in my view, the respondents
can not keep the petitioner under suspension for indefinite
period but must complete the inquiry expeditiously.
In the circumstances, this writ petition is disposed of by
directing the disciplinary authority to conclude the
departmental inquiry against the petitioner within the three
months from the date of production of a certified copy of
this order before him.
So for as the grievance of the petitioner with respect to non
payment of subsistence allowance is concerned, he is
permitted to approach the disciplinary authority by making
a suitable application in this regard and in case such
application is filed, the same would also be considered and
appropriate order shall be passed in accordance with law
by the competent authority within one month from the date
of production of a certified copy of this order before him.
Order Date :- 5.1.2010
Akn