Court No. - 40 Case :- WRIT - A No. - 35276 of 2010 Petitioner :- Akhilesh Kumar Saxena Respondent :- State Of U.P. & Others Petitioner Counsel :- Smt. Usha Srivastava,Lal Chandra Mishra Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner and learned standing
counsel.
The petitioner who is a Junior Engineer in Uttar Pradesh Rural
Engineering Services was placed under suspension in
contemplation of a disciplinary inquiry on the allegations that by
making excess payment illegally to the contractor for construction
of a road has caused loss to the tune of Rs.1,65,036/- to the State
revenue.
It has been contended by the learned counsel for the petitioner that
the impugned suspension order has been passed without any notice
or opportunity of hearing and the payment was made after
measurement and verification and as such the charge on which he
has been placed under suspension is false and incorrect.
It is very well settled that no notice or opportunity of hearing is
required to be given at the stage of placing an employee under
suspension in contemplation of a departmental inquiry. In so far as
merits of the charge is concerned it is not for this Court to enter
into the question at this stage and the same shall be decided in the
departmental proceedings to be initiated against the petitioner.
In view of the above, there is no illegality in the impugned order,
which may warrant any interference. The writ petition fails and
stands dismissed.
However, it is directed that the respondents shall conclude the
disciplinary proceedings against the petitioner as expeditiously as
possible.
Order Date :- 16.6.2010
AKJ