Court No. - 38 Case :- WRIT - A No. - 40476 of 2010 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Vinod Kumar Singh Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order of suspension dated
13.06.2010 levelling certain charges. According to the petitioner
the charges are not such serious in nature. Therefore, in case no
major punishment can be awarded order of suspension is not
warranted. Petitioner submits that if the charges are vague, there is
no occasion for passing the order of suspension. Therefore, it is
liable to be quashed. Further submission has been made by the
petitoner is that it is settled in law that in case the inquiry is not
contemplated or pending, the order of suspension is bad and
cannot be passed.
I have considered the submission of the petitioner and perused the
record. Petitioner’s contention is correct to this extent that if the
inquiry is not contemplated or pending, the order of suspension is
bad, but in the facts and circumstances of the present case, para of
five of the impugned order (Annexure No.3 to this petition) clearly
mention that one Piyush Mohan Srivastava, Block Development
Officer, Chhata has been appointed as an inquiry officer. Further
direction has been given that immediately after submission of the
charge sheet, the inquiry be completed within a short period.
Therefore, in such circumstances, I am of the opinion as has
submitted by the petitioner regarding contemplation or pending
inquiry, inquiry will not be applicable in the present case. Further,
normally this Court in case of suspension does not interfere under
Article 226 of the Constitution of India, being the fact that
suspension is not a punishment.
In view of the facts and circumstances of the present case, as the
inquiry officer has already been appointed, therefore, it will be
appropriate that the disciplinary inquiry may be completed after
affording full opportunity to the petitioner within a period of six
weeks from the date of production of certified copy of this order
before him, in case petitioner cooperates in the inquiry.
It is further provided that in case the disciplinary proceeding is not
commenced within a period mentioned above, the order of
suspension will come to an end.
The writ petition is disposed of accordingly.
No order, as to costs.
Order Date :- 14.7.2010
Pr/-