Heard learned counsel for the parties.
This Court has passed the order dated 27.11.2019 as under:-
"Heard learned counsel for the parties.
By means of this writ petition, the petitioner has assailed the impugned suspension order dated 20.02.2019. The charge-sheet has been provided to the petitioner on 28.08.2019 i.e. after more than six month from the date of suspension of the petitioner. However, as per the Government Order dated 15.11.1993, the charge-sheet should be provided to the employee within a period of two weeks if he is placed under suspension. After receiving the defence reply to the charge-sheet, the departmental inquiry should be completed within a period of three months. The petitioner has submitted his defence reply on 10.11.2019.
Since the records have been summoned in Writ Petition No.4885 (S/S) of 2019 and this matter is connected with that writ petition, therefore, the status of inquiry in this matter shall be demonstrated on the next date from the records by the learned Additional Chief Standing Counsel.
List this case along with Writ Petition No.4885 (S/S) of 2019."
In compliance of the aforesaid order, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has submitted that he could not know the status of inquiry today, but if short time is given, he shall apprise the Court about the status of the departmental inquiry pending against the petitioner.
This is the case wherein the petitioner was placed under suspension on 20.02.2019 and the charge-sheet was provided to the petitioner on 28.08.2019 i.e. after more than six months from the date of suspension. Providing the charge-sheet after more than six months from the date of suspension is not appreciated for the reason that the Government Order dated 15.11.1993, which is contained as Annexure No.4 to the writ petition, clearly reveals that the charge-sheet should be provided to the employee within a period of two weeks from the date of suspension, therefore, the petitioner remained under suspension for more than six months without having any charge-sheet and this Court in so many cases has observed that such type of act on the part of the authority concerned is tantamount to harassment.
Since the charge-sheet is served upon the petitioner on 28.08.2019 and the petitioner has submitted his reply on 09.09.2019 and thereafter the reply of another letter of the department, the petitioner has submitted his supplementary defence reply on 10.11.2019, therefore, it is expected that the departmental inquiry against the petitioner shall be conducted and concluded strictly in accordance with law by following principles of natural justice.
Accordingly, the Inquiry Officer is directed to conduct and conclude the departmental inquiry against the petitioner within two months from today by affording an opportunity of hearing to the petitioner strictly in accordance with law and thereafter the Disciplinary Authority shall pass appropriate order by following due procedure of law within a further period of one month. In any case, the departmental inquiry shall be concluded finally on or before 31.01.2020, failing which, the impugned suspension order dated 20.02.2019 shall stand revoked. However in that case, the departmental inquiry against the petitioner may go on and the final order may be passed but strictly in accordance with law.
It is needless to say that in the departmental inquiry the petitioner shall co-operate properly.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 29.11.2019 Suresh/ [Rajesh Singh Chauhan,J.]