Court No. - 49
Case :- WRIT - C No. - 28911 of 2019 Petitioner :- Ashok Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Durga Prasad Singh Counsel for Respondent :- C.S.C., ,Arvind Kumar Dubey,Suresh Singh Hon'ble Siddhartha Varma,J.
Instructions as have been produced be kept on record.
Heard counsel for the petitioner, Sri Arvind Kumar Dubey on behalf of the complainant, Sri Suresh Singh, counsel for the Caveator and the learned standing counsel.
On 17.09.2019 the following order was passed:-
"The suspension order dated 24.7.2019 has been assailed on two grounds :
(i) the Lekhpal had no authority to submit a report, and (ii) when the report was submitted on 17.7.2019, how could the inspection be done on 17th and 18th of July 2019.
Place this petition on 26.9.2019 as fresh. Learned Standing Counsel may also make available the report dated 17.7.2019."
Instructions as have been placed by the learned standing counsel indicate that in fact after the preliminary inspection was done by the Supply Inspector, the Lekhpal had only visited the spot as Lekhpals are in the know of the population living in the village. Ultimately, the report which formed the basis of the suspension order was passed by the Supply Inspector on 19.07.2019.
However, learned counsel for the petitioner states that a perusal of the order dated 24.07.2019, does not indicate that any specific charge had been framed against the petitioner. He submits that charges were not clear and it would be very difficult for the petitioners to give reply. It is further the case the petitioner that charges be supplied to the petitioner in a proper manner by the Sub Divisional Magistrate, Bansdih, Ballia.
Under such circumstances, if the petitioner approaches the S.D.M. and asks for the charges, the same shall be supplied and thereafter, the petitioner may submit his reply within a period of two weeks. Thereafter the enquiry shall be completed within a period of two months.
With these observations this writ petition is, accordingly, disposed of.
Order Date :- 27.9.2019 AS Rathor