Court No. - 6
Case :- WRIT - A No. - 27585 of 2018 Petitioner :- Anil Kumar Srivastava Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kapoor Chandra Vishwakarma Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present writ petition has been filed challenging the suspension order dated 2.5.2018, (Annexure-3 to the writ petition), whereby the petitioner has been placed under suspension, pending inquiry in terms of the powers conferred under Rule 4 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999. It has also been pointed out that a charge sheet has already been served upon the petitioner and the petitioner has not filed a reply to the same. The charge sheet served to the petitioner is dated 14.5.2018 and annexed as Annexure-4 to the writ petition. The petitioner states that he had asked for certain documents vide his letter dated 30.6.2018, (Annexure- 5 to the writ petition), however, the same has not been supplied because of which the petitioner could not file his reply to the charge sheet. The suspension order has been passed referring to certain misconduct alleged to have been committed by the petitioner which are subject matter of the inquiry, which is pending. Nothing has been pointed out to demonstrate that the suspension order is without jurisdiction or in a mala-fide exercise of power. Thus, no interference is called for from this Court. However, in the interest of justice, the respondents are directed to provide all the documents which are relied or proposed to be relied upon against the petitioner in the disciplinary enquiry initiated against the petitioner within two weeks of service a copy of this order, the petitioner undertakes to file his reply within three weeks thereafter. The inquiry pending against the petitioner shall be completed, as expeditiously as possible, preferably within a period of three months after filing of reply, if any. The petitioner further states that he is entitled to get 75% of the subsistence allowance and, in this regard, he has moved representation on 1.10.2018, the respondent no. 3 shall pass speaking order on the said representation from the date of service of the order on the respondents.
The writ petition is disposed off.
Order Date :- 21.12.2018 Puspendra