Court No. - 6
Case :- WRIT - A No. - 23315 of 2018 Petitioner :- Mayaram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Mr. Girijesh Tiwari, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
This petition calls in question an order of suspension dated 16 October 2018. As is evident from a reading of the order impugned, the respondents have found cause to enquire into the conduct of the petitioner in respect of as many as 4 allegations. The Court takes note of the last allegation in which it is averred that the petitioner effected supplies of uniforms through private entities. Learned counsel for the petitioner has submitted referring to the government order which applies that the supply of uniforms is to be overseen by a committee chaired by the District Magistrate which is also obliged to review all connected activities. It is alleged that the petitioner has effected no such supplies.
Learned Standing Counsel has, while referring to the same government order, contended that the entire supply of uniforms in Basic Schools is to be verified by the Basic Shiksha Adhikari himself.
Be that as it may and since the disciplinary proceedings are yet to commence it is not for this Court at this stage to evaluate the correctness or otherwise of the allegations levelled. Clearly and ultimately, the charges will have to be ascertained in the course of the enquiry proceedings. Bearing in mind the position which the petitioner held and the nature of allegations which are levelled, this Court finds no ground to interfere with the order of suspension.
Accordingly while the prayer for quashing is refused, it is provided that the respondents shall endeavour to conclude the enquiry proceedings with expedition and in any case within a period of two months from the date of presentation of a certified copy of this order along with a copy of the writ petition and its enclosures. This direction is subject to the petitioner cooperating in the enquiry and not taking any unnecessary adjournments.
The petition stands disposed of accordingly.
Order Date :- 30.10.2018 Arun K. Singh (Yashwant Varma, J.)