Heard Sri Arvind Kumar Tiwari, learned counsel for the petitioner.
Notices for opposite parties have been accepted by the office of learned Chief Standing Counsel.
By means of this petition the petitioner has assailed the suspension order dated 1.7.2019 passed by the Director, Female Welfare, U.P. The submission of learned counsel for the petitioner is that the aforesaid suspension order has been passed pursuant to the preliminary inquiry report dated 15.4.2019 and perusal of preliminary inquiry report reveals that the petitioner was not involved in the issue in question but he has been placed under suspension for no cogent reasons.
Per contra, learned Additional Chief Standing Counsel has submitted that the preliminary inquiry report indicates culpability of the petitioner and the same can be examined and verified after the full-fledged departmental inquiry, therefore, no interference may be made in the suspension order.
Having heard learned counsel for the parties and perusing the relevant material available on record, I am of the considered opinion that since the petitioner has been placed under suspension on 1.7.2019, therefore, he should have been provided the charge-sheet but learned counsel for the petitioner has submitted that no charge-sheet has yet been provided. Since the suspension order itself provides that the charge-sheet should be given to the petitioner with promptness, therefore, the inquiry officer is directed to provide the charge-sheet within a period of one week from today enclosing therewith the copies of relied upon documents and relevant documents and the petitioner shall file his defense reply to the charge-sheet within a period of three weeks thereafter. The inquiry officer shall conduct and conclude the departmental inquiry within a period of two months from the date of receipt of the defense reply and the disciplinary authority shall pass appropriate orders strictly in accordance with law after a period of one month and the final decision, if any, shall be communicated to the petitioner forthwith.
In any case the departmental inquiry shall be concluded by 30.11.2019 and if the departmental inquiry is not concluded finally by 30.11.2019 the suspension order shall stand revoked. However, in that case departmental inquiry may be concluded and the final order may be passed.
It is needless to say that the petitioner shall cooperate with the departmental inquiry and he shall not take undue adjournments in the departmental proceedings and if any delay is caused on account of the conduct of the petitioner, he shall face the consequence thereof.
In view of above terms, writ petition is disposed of.
Order Date :- 26.8.2019 Om [Rajesh Singh Chauhan, J.]