Court No. - 36
Case :- WRIT - A No. - 5605 of 2021 Petitioner :- Hari Charan Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Bhushan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Devesh Vikram, learned Standing Counsel for the State respondent.
Petitioner is before this Court assailing the order impugned dated 1.10.2020 passed by the third respondent whereby he has been placed under suspension. Alternatively, prayer is made to direct the third respondent to reinstate the petitioner after considering the written reply dated 5.3.2021 to the show cause notice dated 1.10.2020, which is pending consideration within a stipulated period.
Learned counsel for the petitioner submits that the solitary reason for placing the petitioner under suspension was implication in a criminal case on account of which he was languishing in jail since 23.3.2020. Eventually, he has been bailed out by this Court by order dated 22.1.2021 in Criminal Misc Bail Application No. 48703 of 2020 and got released by the jail on 8.2.2021. He received a copy of the order dated 1.10.2020 on 3.3.2021, wherein, he was directed to submit his explanation/evidence within 15 days from the date of obtaining the copy of the order. Immediately, without lapse of time on 5.3.2021, he has submitted his reply/written explanation before the third respondent, which is still pending for consideration as such the direction may be issued to the third respondent to reinstate him after considering his reply.
Learned Standing Counsel very fairly states that in case any such objection is still pending for consideration, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally directing the third respondent to take a final decision on the reply of the petitioner dated 5.3.2021 strictly in accordance with law, within four weeks from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 A.K.Srivastava