Court No. - 26 Case :- WRIT - A No. - 4028 of 2010 Petitioner :- Prabhakar Upadhyay Respondent :- State Of U.P. & Another Petitioner Counsel :- V.K. Singh,G.K. Singh Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Learned Standing Counsel accepts notices on behalf of respondents. He may
file a counter affidavit within one month. Petitioner will have two weeks,
thereafter, to file a rejoinder affidavit.
The grievance raised by the petitioner is that the petitioner was suspended by
an order dated 17.12.2009 and subsequently by an order dated 11.01.2010 he
has been transferred from Lalitpur to Deoria. The contention of the petitioner
is that during preliminary inquiry he cannot be suspended. He further
submitted that in Writ Petition No. 52271 of 2009, this Court has considered
the relevant facts and on the basis of Full Bench judgment reported in ALR
1975, page 64 has passed an order staying the order of suspension.
I have considered the submissions of learned counsel for the parties and
perused the record. In my opinion also the order of suspension cannot be
passed during formal departmental inquiry. In view of the aforesaid fact, the
operation of the order passed by the respondent, suspending the petitioner
,shall remain stayed. Further submissions has been made that after suspending
the petitioner, he has been transferred. In such circumstnaces, in my opinion,
the order dated 11.01.2010, transferring the petitioner from Lalitpur to Deoria
shall also remain stayed.
Order Date :- 1.2.2010
NS