Court No. - 39
Case :- WRIT - A No. - 16092 of 2018 Petitioner :- Dr. Sanjay Rai Respondent :- State Of U.P. And Another Counsel for Petitioner :- Priya Ranjan Rai,Shri Ashok Khare, Senior Advocate Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Ashok Khare, learned senior counsel assisted by Sri Priya Ranjan Rai for the petitioner and the learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the order dated 5.7.2018, whereby he has been placed under suspension.
The petitioner is working as Settlement Officer Consolidation, Jaunpur. The allegation against the petitioner in the suspension order is that he has not fulfilled the target as required under Sections 23, 27 and 52 of the U.P. Consolidation of Holdings Act and that he has also not attended the meeting at Commissioner's level held in the month of May and June 2018. Further, there are various complaints against him.
A perusal of the suspension order reveals that no specific allegation has been made as to what target was given to the petitioner which he did not achieve. Further, the nature of complaint has also not been disclosed. The allegation that the petitioner has not appeared in the meeting at Commissioner level has also not been supported by any evidence. This can hardly be a ground for keeping an officer under suspension.
Learned Standing Counsel on the other hand submits that the Enquiry Officer has already been nominated in the matter.
In this view of the matter, we dispose of this writ petition with direction to respondent no.1 to conclude the departmental enquiry, if any, against the petitioner within a period of three months from the date of receipt of a certified copy of this order.
Till conclusion of the departmental proceedings, operation of suspension order dated 5.7.2018, shall remain in abeyance and shall be subject to any final order which may be passed by the Disciplinary Authority.
It goes without saying that the petitioner will participate in the enquiry and no unnecessary adjournment will be granted to any of the parties.
Order Date :- 27.7.2018 sfa/