Court No. - 24 Case :- SERVICE SINGLE No. - 43 of 2010 Petitioner :- Syed Mohd. Akram, S/O- Sri Haque Ullah, Respondent :- C/M Hobert Trilok Nath Inter College, Tanda, & Others Petitioner Counsel :- K.K.Singh Respondent Counsel :- C.S.C.,N B Singh,Raj Priya Srivastava,Sanjay Kumar Srivastava Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner and learned Standing Counsel.
Petitioner while working on the post of Parichar was placed under
suspension vide order dated 9.9.2009. Feeling aggrieved, he preferred
the instant writ petition alleging therein the mala fide against opposite
parties No. 4 and 5 and arrayed them as such. Charge-sheet was also
served upon him and the inquiry officer was also appointed on the same
date i.e. 9.9.2009.
During the pendency of the instant writ petition, the inquiry officer
conducted the enquiry and has submitted report and as such, by means
of amendment, the petitioner has also assailed the report so submitted
by the inquiry officer. The order of suspension was also approved by
the District Inspector of School vide letter dated 7.11.2009.
On perusal of the inquiry report, it reflects that inspite of several
opportunity being afforded to the petitioner, he has neither turned up
before the Inquiry Officer nor filed any report to the charges so levelled
and as such, inquiry officer has submitted the report ex parte to the
competent authority for appropriate orders.
Learned Counsel for the petitioner was required to state as to whether
any cognizance has been taken on the said inquiry report or not but he
fails to answer the said query.
At this stage, learned Counsel for the petitioner submits that interest of
justice would suffice, if the competent authority is directed to pass
appropriate order in accordance with law, expeditiously, to which
learned Standing Counsel has no objection.
Considering the peculiar facts and circumstances of the case as also
without entering into the merits of the case, the writ petition is disposed
of finally with a direction to the competent authority to pass appropriate
order, in accordance with, expeditiously, say, within a period of three
months from the date of receipt of a certified copy of this order. It is also
provided that if the petitioner was entitled to pay suspension allowance
in accordance with law and the same has not been paid till date, the
authority concerned is directed to pay the suspension allowance to the
petitioner in accordance with law, expeditiously.
Order Date :- 10.8.2010
Ajit/-