Court No. - 27 Case :- SERVICE BENCH No. - 814 of 2010 Petitioner :- Dr. Sanjay Kumar Tripathi S/O Vyas Tripathi Respondent :- State Of U.P. Thru Principal Secretary Agriculture & Anr. Petitioner Counsel :- A.P. Singh Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that order of suspension passed
against the petitioner is vague and does not disclose any reason for putting the
petitioner under suspension. It is settled law that order of suspension has to
assign the reason for putting a person under suspension. Rule 4 of the Service
Rules stipulates that the order of suspension may be passed only in case the
allegations are so serious nature which may warrant major punishment.
Learned Standing Counsel submits that an inquiry has been conducted and it
is expected that final order may be passed within four weeks.
Since the order of suspension on the face of record does not disclose the
reason for putting the petitioner under suspension, we stay the suspension
order with liberty to the respondents to continue the inquiry proceeding and
conclude the same within a two months keeping in view the statement made
before this Court.
Counter affidavit may be filed within 3 weeks.
Rejoinder affidavit may be filed within one week.
List thereafter.
Order Date :- 26.7.2010
Gaurav