Court No. - 38 Case :- WRIT - A No. - 42620 of 2010 Petitioner :- Jagdish Pandey Respondent :- State Of U.P. And Others Petitioner Counsel :- R. P. Dubey Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and the learned Standing
Counsel.
The petitioner is aggrieved by the order of suspension dated
14.7.2010 by which the petitioner has been suspended levelling
certain charges. According to the petitioner, he has not issued any
certificate in favour of Ms. Sanyogita as alleged in the order of
suspension. The certificate submitted does not bear the hand-
writing of the petitioner. To this effect, the petitoner submitted that
he has already submitted an application to the competent authority
to verify the fact regarding the hand-writing upon the certificate. In
such circumstances, learned counsel for the petitioner submits that
the order of suspension cannot be permitted to continue.
I have considered the submissions of the petitioner and the learned
Standing Counsel. From perusal of the order of suspension it
appears that an Inquiry Officer has already been appointed and has
been directed to complete the disciplinary inquiry or to submit
inquiry report within one month. As it is a case of suspension
pending inquiry, therefore, normally this Court does not interfere
in such cases but in the facts and circumstances of the present case
and in view of the allegations made by the petitioner, it will be
proper that the disciplinary inquiry against the petitioner be
completed within a period of two months from the date of
production of certified copy of the order after affording full
opportunity to the petitioner in case the petitioner cooperates in the
inquiry. In the facts and circumstances of the present case, in case
the disciplinary proceeding is not completed within a period of two
months, the order of suspension will be kept in abeyance.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 23.7.2010
V.Sri/-