Court No. - 6 Case :- SERVICE SINGLE No. - 4640 of 2010 Petitioner :- Ravindra Singh Respondent :- State Of U.P. Through Principal Secy.Rural Eng.Lucknow Petitioner Counsel :- B.K.Yadav Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri B.K.Yadav, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.
Petitioner was placed under suspension on November 19, 2008
vide order annexed as annexure No.1 to the writ petition.
Petitioner challenged that order before this Court in writ petition
NO.5257 (S/S) of 2008. This Court directed the opposite parties to
complete the inquiry within stipulated period and allowed the
petitioner to approach this Court in case despite cooperation the
inquiry has not completed. Today the petitioner has come before
this Court with an argument that despite cooperation the inquiry
has not been completed and the petitioner is still continuing under
suspension.
Apart from aforesaid situation, the petitioner has argued that there
is no justification to keep a person under suspension for years
together. The petitioner is under suspension for nearly one and half
years. He further submits that even if there is no cooperation from
an employee under suspension it is incumbent upon the department
to carry on the inquiry and proceed in accordance with law.
Opposite parties have neither completed the inquiry nor revoked
the suspension. Suspension can not be resorted as a matter of
punishment or as a tool to harass an employee without proceeding
further in the direction. Petitioner has remained under suspension
for one and half years. There can not be any good ground to
continue a person under suspension for such a long period and not
to complete the inquiry on one ground or the other. Under the
circumstances, the order dated 19.11.2008 deserves to be
interfered with.
Learned Standing counsel prays for and is granted four weeks for
filing counter affidavit. Rejoinder affidavit, if any, may be filed
within a week thereafter.
List immediately thereafter.
Meanwhile, the operation and implementation of the order dated
19.11.2008 suspending the petitioner shall remain stayed. The
inquiry, however, can proceed in accordance with law.
Order Date :- 13.7.2010
RKM.