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Court No. 24
Writ Petition No. 805(SS) of 2009
Miss Indra Srivastava ... Petitioner
Versus
State of U.P. and others ... Opposite parties
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Hon'ble Rajiv Sharma, J.
Heard Counsel for the petitioner and the Standing Counsel on
behalf of the respondents.
Petitioner has filed this writ petition against the order of
suspension dated 31.12.2008 as also the order dated 2.1.2009
asking the petitioner to vacate the house.
Counsel for the petitioner contends that law is well settled that
a government servant cannot be kept under suspension for an
indefinite period. In the instant case the petitioner was placed under
suspension by the order dated 2.1.2009 but till date no charge
sheet has been issued.
No doubt suspension is not a punishment but it is equally true
that a government employee cannot be placed under suspension for
an indefinite period. Whenever an employee is suspended, he is
looked with suspicious eyes by his relatives, colleagues and the
society at large apart from the mental agony with which the
employee suffers. It has also been pointed out that the petitioner is
unnecessarily being harassed and victimized on account of
absolutely unjustified suspension order.
Having heard learned Counsel for the parties, this writ petition
is disposed of finally with a direction to the opposite parties to issue
charge sheet to the petitioner within six weeks. Reply to the charge
sheet will be submitted by the petitioner within 15 days from the
date of receipt of charge-sheet. The Inquiry Officer shall concluded
the enquiry within three months provided the petitioner co-operates
in the enquiry. The period, in which petitioner deliberately fails to
cooperate in the enquiry, will be excluded from the period of three
months. The Disciplinary Authority shall pass final orders after
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following due procedure of law within a month from the date of
receipt of Enquiry Report. In any case the enquiry proceedings shall
be concluded by 15th August, 2010. The petitioner shall retain the
house till 31st August, 2010. It is also provided that subsistence
allowance, if has not been paid to the petitioner regularly, same shall
be paid without any further loss of time, in accordance wit rules.
With the aforesaid observations and directions this writ
petition is disposed of finally. Liberty is given to the petitioner to
approach the Court, if the enquiry is not concluded with the time
schedule prescribed above.
8.1.2010
HM/-