Court No. - 58
Case :- WRIT - A No. - 16548 of 2018 Petitioner :- Dhananjay Kumar Soni Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vimal Chandra Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 6.8.2018:-
"Petitioner has challenged an order of suspension dated 8.5.2018 as well as subsequent transfer vide order dated 18.5.2018. It is contended that petitioner had offered to deliver charge, and therefore, his suspension is unwarranted. It is submitted that once petitioner had been placed under suspension, there was hardly any justification for the authorities to transfer the petitioner. Submission is that while petitioner is under suspension and enquiry is to be conducted at Allahabad, there would be no justification for petitioner to be transferred to Banda.
Learned Standing Counsel for the State as well as Sri A.K. Yadav appearing for the District Basic Education Officer may obtain instructions. Put up in the additional cause list on 13th August, 2018."
Learned Standing Counsel as well as Sri Ashok Kumar Yadav, learned counsel for the respondent no.5 submits that petitioner has actually not delivered the charge and the defence plea disclosed in para 7 of the writ petition can at best be examined in the disciplinary enquiry. Transfer order has been passed in ignorance of the fact that petitioner has been placed under suspension.
In view of the stand taken by the respondents, this writ petition stands disposed of with a direction upon the disciplinary authority to ensure that disciplinary enquiry against the petitioner is concluded within a period of four months from the date of presentation of certified copy of this order. It shall be open for the petitioner to request the authority concerned to accept the charge in case it has not already been accepted earlier and such request would be dealt with in accordance with law.
In view of the fact that authorities have proceeded to pass an order of transfer in ignorance of the fact that petitioner is placed under suspension, it would be appropriate to observe that respondent no.4 shall consider petitioner's grievance for recalling of the order of transfer within a period of four weeks from the date of presentation of certified copy of this order.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 18.8.2018 Ashok Kr.