Court No. - 18
Case :- WRIT - A No. - 16225 of 2017
Petitioner :- Shri Kamal Chandra Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Brijesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner has placed under suspension on the allegation that he had done dereliction in his duty. He has been subjected to the disciplinary proceeding. The charge sheet has been served upon him. It is averred in para 11 of the writ petition that the petitioner has received the charge sheet.
It is well established law that suspension is not the punishment. If inquiry is under contemplation or is pending, the employer has right to put the employee under suspension.
Ordinarily, this court does not interfere in the matter of suspension except on the ground of violation of rules or mala-fide. No such ground has been taken in the writ petition.
The Court, ordinarily, does not interfere in the suspension order except when it is against the statutory rules or based on mala-fide. None of the said grounds has been raised in respect of the illegality of suspension order. Reference may be made to the judgements of the Supreme Court in the cases of R.P. Kapur v. Union of India and another, AIR 1964 SC 787, U.P. Rajya Krishi Utpadan Mandi Parishad and others v. Sanjiv Rajan, 1993 Supp (3) SCC 483, and State of Orissa v. Bimal Kumar Mohanty, AIR 1994 SC 2296.
However, at the same time, it is trite that the disciplinary proceeding should be completed expeditiously without any delay and the employee should not be subjected to prolonged suspension as held in the case of Ajay Kumar Choudhary v. Union of India through its Secretary & Anr., (2015) 7 SCC 291.
Having due regard to the aforesaid principle and law laid down and the fact and circumstances of the case, I am of the view that direction be issued upon the respondent no. 3 to complete the disciplinary proceeding expeditiously preferably within a period of three months from the date of communication of this order.
The learned counsel for the petitioner assured the Court that the petitioner will co-operate in the inquiry.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 18.4.2017 sailesh