Court No. - 16
Case :- WRIT - A No. - 7631 of 2018 Petitioner :- Aditya Singh Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- Harindra Prasad Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining this petition, following orders were passed on 12.3.2018:-
"It is stated that petitioner was not even in service during years 2014-15 and, therefore, allegation of illegal allotment during that period shows complete lack of application of mind on the part of the respondents. It is also stated that during the year 2015-16 no fund was infact released. Submission is that, the suspension order is wholly arbitrary.
Learned Standing Counsel representing the respondents may obtain instructions in the matter within a week.
Put up as fresh on 19.03.2018".
Learned counsel for the petitioner submits that the petitioner has been appointed on 18.4.2015, therefore, the allegation of any wrongful action on his part, during the financial year 2014-2015 is misconceived inasmuch as he was not even appointed then. With regard to subsequent period, it is stated that in the concerned block, no funds were utilised.
Learned Standing Counsel, on the basis of instructions obtained, has produced a fact finding report, as per which, petitioner's implication is substantiated. However, it is not disputed that petitioner was appointed on 18.4.2015 and was not in service during 2014-2015.
Having considered the submissions advanced, it would be appropriate to dispose of this petition, permitting the respondents to conduct disciplinary inquiry against the petitioner within a reasonable period. On the basis of materials placed on record, this Court finds that there is no satisfaction in the order of suspension that charges against the petitioner are serious, which may warrant imposition of any major punishment.
In view of the facts and circumstances, noticed above, it is provided that the petitioner shall be reinstated in service and shall be allowed to continue subject to ultimate conclusion of the disciplinary proceedings. Disciplinary proceedings initiated would be conducted preferably within four months and the petitioner undertakes to cooperate.
Order Date :- 27.3.2018 n.u.