Court No. - 58
Case :- WRIT - A No. - 17020 of 2018 Petitioner :- Anand Mohan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of suspension is challenged in this petition on the ground that the charge levelled against the petitioner is not serious enough so as to warrant imposition of major punishment in the event it is found to be proved. Charge against the petitioner is that after Office hours, he, along with two other Lekhpals, consumed liquor and thereafter, the petitioner physically assaulted one of them.
It is submitted that no act of misconduct or indiscipline was caused within the Office premises or within the Office hours and the allegation against the petitioner is, otherwise, emphatically denied.
Admittedly, neither any first information report has been lodged, nor any complaint has been made by any of the other two persons. It appears that the charge sheet has, otherwise, been issued, to which petitioner has submitted his reply. In such circumstances, it would be appropriate to dispose of this petition requiring the disciplinary authority to conclude the inquiry within a period of two months from the date of presentation of certified copy of this order.
In the facts and circumstances of the case, as there is no satisfaction recorded in the order of suspension, that charges against the petitioner are serious enough so as to warrant imposition of a major punishment in the event it is found to be proved, the necessary ingredient to attract rule 4 of the Rules of 1999 is not found to be in existence and consequently, the order of suspension is quashed.
Order Date :- 21.8.2018 Amit Mishra