Court No. - 29 Case :- WRIT - A No. - 71750 of 2009 Petitioner :- Ram Asrey Respondent :- State Of U.P. & Others Petitioner Counsel :- I.N. Singh,Ashish Kumar Yadav Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Satya Poot Mehrotra,J.
Hon’ble Kashi Nath Pandey,J.
Heard Sri I.N. Singh, learned counsel for the petitioner.
The present writ petition has been filed under Article 226 of the
Constitution of India,inter alia, praying for quashing the order of suspension
dated 3/10-12-2009 ( annexure-1 to the writ petition).
It appears that this Court passed an order dated 4.9.2009 disposing of Writ
Petition No. 47191 of 2009. Copy of the said order of this Court has been
filed as annexure-13 to the writ petition. By the said order, this Court, inter
alia, directed that the plot in question shall at once be entered in the name of
Gaon Sabha. This Court, inter alia, further directed that ” the Collector shall
recommend to the appropriate authority to initiate disciplinary proceedings
against the C.O.”
It appears that pursuant to the said direction given by this Court,
disciplinary proceedings are contemplated against the petitioner herein. By
the aforesaid order dated 3/10.12.2009, the petitioner has been placed under
suspension in contemplation of inquiry.
A perusal of the suspension order shows that the same contains brief
indication of the charges/allegations against the petitioner. In our view, in
case the said charges/allegations are established, the same may entail
imposition of major penalty against the petitioner.
In the circumstances, we are of the opinion that no illegality has been
committed by the respondent No.2 in passing the aforesaid order of
suspension against the petitioner.
The writ petition lacks merits, and the same is liable to be dismissed. The
writ petition is accordingly dismissed.
It is, however, observed that the disciplinary proceedings against the
petitioner will be completed expeditiously, preferably within a period of four
months from the date of production of certified copy of this order before the
concerned authority. The petitioner will co-operate in the disciplinary
proceedings.
Order Date :- 5.1.2010
prabhat