Allahabad High Court High Court

Lalit Kumar Srivastava vs State Of U.P. Through Collector … on 28 July, 2010

Allahabad High Court
Lalit Kumar Srivastava vs State Of U.P. Through Collector … on 28 July, 2010
Court No. - 6

Case :- SERVICE SINGLE No. - 2114 of 2010

Petitioner :- Lalit Kumar Srivastava
Respondent :- State Of U.P. Through Collector Faizabad And Others
Petitioner Counsel :- O.P.Srivastava
Respondent Counsel :- C.S.C.

Hon'ble Shabihul Hasnain,J.

Heard Sri O.P. Srivastava, learned counsel for the petitioner and the learned
standing counsel.

The suspension order was passed on 12.11. 2008 by the District Magistrate,
Faizabad. The petitioner says that despite the fact that the inquiry has been
completed, neither he has been exonerated nor punished. At least, the result of
the inquiry should have been communicated to the petitioner. Two years have
passed.

Irrespective of what has been done in the present case, the suspension cannot
be resorted in such a manner, that an employee remains suspended for years
together. It cannot be used as measure of punishment like a sword hanging on
the head of the petitioner for two years. The Court deprecates the action of the
opposite parties and direct that the suspension order dated 22.11. 2008 be
immediately revoked. The petitioner should be reinstated in service. The
result of the inquiry may also be communicated to the petitioner, within one
month from the date a certified copy of this order is produced before them.

With these observations and direction, the writ petition is finally disposed of.

Order Date :- 28.7.2010
Sadiq