Court No. - 18 Case :- WRIT - A No. - 1966 of 2010 Petitioner :- Surendra Kumar Gupta Respondent :- State Of U.P. & Others Petitioner Counsel :- Manish Kumar Nigam,Ashok Kumar Respondent Counsel :- C.S.C.,Rajeshwar Singh Hon'ble Sudhir Agarwal, J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
respondents.
The petitioner was placed under suspension by order dated 12.10.2009
(Annexure 4 to the writ petition) whereagainst he filed writ petition no. 56575
of 2009 which was disposed of permitting the matter to be considered by the
District Basic Education Officer in the light of the explanation submitted by
the petitioner in the above writ petition and pursuant thereto, the impugned
order dated 18.12.2009 has been passed by the District Basic Education
Officer, Kushinagar which shows that the petitioner has been found prima
facie guilty of misappropriation of funds in respect to construction of the
school building and, therefore, he has been placed under suspension. It cannot
be disputed that the allegations, if proved, constitute a serious misconduct.
This Court does not propose to make any further observation since it would
prejudice the enquiry which is yet to be conducted against the petitioner. It
could not be shown by the learned counsel for petitioner that the impugned
order of suspension is without jurisdiction or is otherwise contrary to any
statutory provision or has been passed on account of mala fide. Hence, no
interference, in my view, is called for at this stage. However, since the
petitioner has been placed under suspension in October’ 2009 in a
contemplated departmental enquiry which has not been initiated so far, it
would be in the interest of justice that the respondent-disciplinary authority
should complete the departmental enquiry, if any, against the petitioner
expeditiously preferably within six months from the date of production of a
certified copy of this order.
With the above observation, the writ petition is finally disposed of.
Dt. 27.1.2010
PS-1966/2010