Court No. - 30 Case :- WRIT - A No. - 48302 of 2007 Petitioner :- Smt. Kamla Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Satyendra Padney Respondent Counsel :- C.S.C. Hon'ble Rakesh Sharma,J.
Heard learned counsel for the parties.
It emerges from record that the petitioner Smt. Kamla Devi, Upper Bal Vikas
Pariyojna Adhikari was put under suspension vide an order dated 11.8.2005.
A criminal case bearing registration no.258 of 2005, under Sections 419, 420,
467 and 468 I.P.C. was registered against her, which is pending. A writ
petition was preferred by the petitioner challenging the proceedings under
Section 482 Cr.P.C. which is also pending disposal in this court. As a result
of the departmental proceedings, out of three charges, charge no.1 was found
partly proved against the petitioner. Charge no.2 was subject to the disposal of
the aforementioned case i.e. 5172 of 2006. charge no.3 was not found proved.
The Enquiry Officer recommended the reinstatement of the petitioner.
Accordingly, vide order dated 14.2.2007, impugned in the petition, petitioner
has been reinstated but she has been prohibited to perform certain functions
for the time being.
It appears that the petitioner is working on the same rank in the same cadre
and getting the same pay-scale. A government servant cannot insist that he
may be permitted to discharge certain functions and duties. It is for the
employer to assign him duty. A government servant is entitled for his/her
monthly salary. Here the status of the petitioner has not been disturbed except
she has been prohibited to perform certain functions. This Court has passed
several orders in such cases, where the power of suspension is not available in
the Service Rule and the government servant will get monthly salary and it
shall be open for the employer to take work or not to take work from the
erring employee.
No interference is required. There is no illegality and infirmity in the
impugned order and the writ petition is accordingly dismissed.
Order Date :- 6.7.2010
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