Court No. - 37 Case :- WRIT - A No. - 5617 of 2018 Petitioner :- Keshari Chand Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Shantanu Khare Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
By the instant writ petition petitioner is assailing the impugned order dated 30 January 2018 whereby the petitioner working as Gram Panchayat Adhikari has been placed under suspension for the reason that the petitioner was not able to produce his original caste certificate issued by the State authority.
It is noted in the impugned order that on a complaint regarding the caste certificate of the petitioner, information was required from the office of Sub Divisional Magistrate,Bindki, Fatehpur, and it was communicated that the records pertaining to the year 1989 is not available but it was stated that the caste certificate of the petitioner was issued by the office on 24.6.1989. Consequently, petitioner was directed to produce the original case certificate, upon failure, petitioner has been placed under suspension.
The learned Senior Counsel appearing for the petitioner submits that the authority is not disputing that the caste certificate was issued by the office in 1989, but the petitioner has been placed under suspension merely for the reason that the record of the said year is not available with the authority. He, therefore, submits that the enquiry against the petitioner may be completed expeditiously within a time frame, however, the suspension order until then be kept in abyenace. Petitioner undertakes to cooperate in the said enquiry.
The learned Standing Counsel has no objection.
In regard thereto, this writ peitition is disposed of directing third respondent i.e. District Panchayat Raj Adhikari, Fatehpur to conclude enquiry pursuant to impugned suspension order dated 30 January 2018 expeditiously, preferably within six months from the date of presentation of a certified copy of this order before him. Till completion of the enquiry, the impugned suspension order dated 30 January 2018 shall be kept in abeyance. Petitioner shall be entitled to receive full salary on monthly basis.
Order Date :- 22.2.2018
Manish Himwan