Hon'ble Devendra Kumar Arora,J.
Heard Mr. Ajay Bhanot, learned counsel for the petitioner and learned Standing counsel.
The petitioner has challenged the order dated 10.06.2010 whereby the petitioner has been removed from the post of Regional Ayurvedic and Unani Officer, Varanasi which is held by him as additional charge as well as on the basis of the departmental proceeding initiated on the complaint.
The learned counsel for the petitioner submits that the petitioner is going to retire on 30.06.2010 and only just to meline him, he has been subjected under departmental inquiry at the verge of retirement whereas there is no charge against the petitioner which requires any departmental inquiry.
He further submits that so far as the claim of Smt. Munni Devi for payment of retiral dues is concerned, the relevant documents has already been forwarded in way back in November, 2009 to the Competent Authority and her son has been given appointment under dying in harness rules.
Upon perusal of the original record produced by learned Chief Standing counsel, we find that the same contained some political complaint but according to us that doesn't lead the departmental proceeding in the matter, against the petitioner, at the verge of retirement, therefore, we hereby stay the operation of order impugned dated 10.06.2010, passed by the State Government till further order of this Court.
Four weeks time is allowed to file counter affidavit.
List thereafter.
Order Date :- 24.6.2010 Sanjeet