Vakalatnama filed on behalf of opposite parties no.2 and 3in Court is taken on record.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Shri M.M. Salam holding brief of Shri Khaliq Ahmad Khan for opposite parties no. 2 and 3.
By means of this writ petition, suspension order dated 4.6.2010, Annexure No.1 to the writ petition has been challenged. The allegations against the petitioner mentioned in the said order are not serious enough to warrant any major penalty. Besides this, the suspension order is also silent regarding the pendency institution of any enquiry against the petitioner nor any Enquiring Officer has been appointed and no provision for payment of any subsistence allowance during the period of suspension has also been made in it. The impugned suspension order prima facie appears to be bad in law.
Learned Counsel for opposite parties no.2 and 3 prays for is allowed two weeks' time to file counter affidavit. Rejoinder affidavit, if any may be filed within a week thereafter.
List in the week commencing 19th July, 2010.
Till the next date of listing, the operation of the impugned suspension order shall remain stayed.
Order Date :- 23.6.2010 Muk