Court No. - 58
Case :- WRIT - A No. - 10608 of 2018 Petitioner :- Kamlesh Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jai Prakash Tripathi Counsel for Respondent :- C.S.C.,Ashok Kumar
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 26.3.2018, passed by the District Basic Education Officer, Banda, whereby petitioner has been placed under suspension.
It is stated that the order of suspension is arbitrary and malafide inasmuch as petitioner had made a complaint against the Block Development Officer and on account of annoyance the order of suspension has been passed against him.
Petition is opposed by Sri Ashok Kumar, learned counsel appearing for the District Basic Education Officer concerned.
Perusal of the record would go to show that the order of suspension has been passed by the competent authority, which contains specific charges of misconduct. The charges cannot be said to be primafacie baseless or on the basis of which no major punishment could be awarded. An enquiry is otherwise contemplated. In such circumstances, no interference with the order is called for.
In the facts and circumstances, however, it is provided that respondents shall proceed with disciplinary proceedings and all endeavours would be made to conclude the enquiry, preferably within a period of four months from the date of presentation of certified copy of this order. Petitioner undertakes to cooperate.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 26.4.2018 Ashok Kr.