Court No. - 30
Case :- WRIT - A No. - 7960 of 2018 Petitioner :- Akhilesh Chandra Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vibhav Anand Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Copy of the instruction may be taken on record.
Heard Sri Vibhav Anand Singh, learned counsel for the petitioner, and Sri S.C. Dwivedi, learned Standing Counsel appearing for the respondent.
Present writ petition has been filed with the following prayer :-
"i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 15.1.2018, passed by respondent no.4 (Annexure No.9 to this writ petition).
"issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.4 to pay dues during the period of suspension period i.e. 27.6.2015 to 25.10.2016 as well as arrears and increment of the aforesaid period which is permissible in law."
Pursuant to the order dated 13.3.2018, learned Standing Counsel appearing for the respondent has produced a copy of the instruction before this Court which indicates that the enquiry is still pending against the petitioner.
The petitioner was working as junior clerk in the Government Polytechnic, Kanpur Nagar and he was suspended on the charges of embezzlement and an enquiry was initiated against him. He was charge-sheeted to which he has submitted a reply. After interim report, the petitioner was reinstated on service on interim basis, vide order dated 25.10.2016. The petitioner is claiming for arrears of pay for the period of suspension w.e.f. 27.6.2015 to 25.10.2016 as well as all arrears of increment etc. for the aforesaid period. Disciplinary enquiry is still pending against the petitioner.
From the perusal of the instruction, it appears that charges against the petitioner are of serious financial irregularities involving huge embezzlement, I do not find any legal infirmity in the order impugned whereby his claim for payment of arrears of salary and annual increment for this period have been withheld and it has been informed that the Principal of Government Polytechnic Kanpur Nagar has communicated to the petitioner that such payment can not be made. However, after receiving the instruction from the higher authority, since the enquiry is pending and charge is of embezzlement, no case for making payment of his salary and annual increment etc. for the suspension period has been made out.
Petition is devoid of merit and is, accordingly, dismissed. However, it is provided that the enquiry proceedings pending against the petitioner may be concluded preferably within a period of eight months from the date of production of a certified copy of this order before him.
Order Date :- 30.3.2018 m.a.