Court No. - 6
Case :- WRIT - A No. - 10844 of 2018 Petitioner :- Bhuvnesh Kumar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ravi Shankar Tripathi,Adya Prasad Tewari Counsel for Respondent :- C.S.C.,Manoj Nigam
Hon'ble B. Amit Sthalekar,J.
Heard Shri A.P. Tiwari, learned counsel for the petitioner, Shri Manoj Nigam, learned counsel for the respondent no.2 & 3 and the learned Standing Counsel for the respondent no.1.
The petitioner is seeking quashing of the order dated 18.04.2018 whereby he has been placed under suspension.
The allegation in the order of suspension is that the petitioner uploaded and forwarded certain objectionable and obscene remarks/comments about the Hon'ble Prime Minister Shri Narendra Modi and the President of the Bhartiya Janata Party, Shri Amit Shah from his mobile no.8439507471 on L.D.B. Supreme Whatsapp Group.
The explanation of the learned counsel for the petitioner was that these messages were received by the petitioner from someone else and was not generated by him. The petitioner has not denied in any paragraph of the writ petition that these obscene and objectionable messages were forwarded to the L.D.B. Supreme Whatsapp Group from his mobile number. What he has stated in paragraph 8 of the writ petition is that may be his son or daughter may have forwarded the indecent and objectionable G.I.F on L.D.B. Supreme Whatsapp Group. Paragraph 8 of the writ petition reads as under:
"That the petitioner did not forward such indecent and objectionable G.I.F. through his Mobile but it appears that when the petitioner came to his resident at 5.00 P.M. after duty was over then the son/daughter of the petitioner might have forwarded the indecent and objectionable G.I.F. on L.D.B. Supreme Whatsapp Group and in this regard the petitioner has no role to play."
Thus, it is admitted by the petitioner that the G.I.F. messages and other objectionable messages were sent from his mobile number and merely thrusting the blame upon his son or daughter will not save him from the rigour of law and it is also not explained as to why his son or daughter would forward the messages to the L.D.B. Supreme Whatsapp Group.
Considering the seriousness of the allegations and the facts noted above, I am not inclined to interfere in the impugned order of suspension.
The writ petition lacks merit and is accordingly dismissed.
However, it will be open for the respondents that in case they contemplate holding a departmental enquiry against the petitioner, they shall issue a charge sheet to the petitioner within one month from the date of receipt of the certified copy of this order and thereafter the enquiry shall be completed within a further period of two months.
Order Date :- 30.4.2018/N Tiwari