Court No. - 36
Case :- WRIT - A No. - 16679 of 2019 Petitioner :- Smt. Meera Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Umesh Vats,Mannu Ram Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
The matter was taken up on 11.11.2019 and this Court has proceeded to accorded interim protection to the petitioner with following effect:-
"Petitioner is working as sweeper on a class IV post. This Court on 23 October 2019 passed the following order:
"An order of suspension dated 15.7.2019 is assailed in this petition on the ground that petitioner has lodged a first information report against the Headmaster and thereafter on his instructions petitioner has been placed under suspension.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed. Put up as fresh on 8.11.2019"
Despite opportunity, no instruction has been received from the learned Standing Counsel. He prays for and is granted ten days' time to seek instructions/file counter affidavit.
Put up this matter as fresh on 28.11.2019.
In the mean time, the impugned suspension order dated 15 July 2019 passed by the second respondent, District Panchayat Raj Officer, Chandauli, shall be kept in abeyance. Petitioner shall be entitled to salary on month to month basis."
On the matter being taken up today, learned counsel for the respondents very fairly states that as interim protection has already been accorded by this Court, the matter may be relegated to the Competent Authority to finalize the inquiry and take a final decision in the matter.
Shri Umesh Vats, learned counsel for the petitioner has not disputed the said prayer, whereas, he submits that till disposal of the aforesaid proceedings, the interim protection so accorded by this Court shall be extended.
In view of the above, no useful purpose would be served in keeping the writ petition pending.
With the consent of the parties, the writ petition is disposed of asking the Competent Authority to contemplate the inquiry and finalize the proceedings in accordance with law expeditiously, preferably within a period of three months from the date of production of certified copy of this order. Till finalization of the said proceeding, the impugned suspension order dated 16.07.2019 passed by second respondent shall be kept in abeyance and petitioner shall be entitled to salary on month to month basis. It is made clear that the petitioner would co- operate in the said proceeding.
Order Date :- 28.11.2019 A. Pandey