Court No. - 58
Case :- WRIT - A No. - 17648 of 2018 Petitioner :- Mithai Prasad Respondent :- Director Of Consolidation And 4 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of suspension dated 30th July, 2018 is challenged in this petition, whereby petitioner has been placed under suspension. The order records that petitioner is not taking interest in his work, which has resulted in non-disposal of complaints made by the residents of the area, for which disciplinary enquiry is initiated against him. Specific incidents have been mentioned as per which petitioner has not taken requisite steps, as was expected of him.
The order of suspension is challenged on the ground that there is no satisfaction recorded that charges against petitioner are serious enough, so as to warrant imposition of any major punishment, if they are proved. It is also stated that petitioner lost his father on 30th June, 2018 and apparently some mistake may have happened with him, but for all such reasons an order of suspension was not warranted. All the acts of misconduct attributed to the petitioner is between 6th July, 2018 to 26th July, 2018.
Learned Standing Counsel supports the order for the reasons recorded therein.
Having examined the records, this Court finds that there is no satisfaction recorded in the order that charges against the petitioner are serious enough, so as to warrant imposition of major punishment in the event it is proved. In absence of any such finding or materials to support its conclusion the order of suspension is wholly undesirable. Even otherwise, it is not denied that petitioner's father was not well and has died on 30th June, 2018.
In such view of the matter, this writ petition stands disposed of by providing that disciplinary proceedings initiated against the petitioner would be concluded by the authority concerned, expeditiously, within a period of four months from the date of presentation of certified copy of this order. In the facts and circumstances, the order of suspension dated 30th July, 2018, however, stands quashed for violation of Rule 4 of the Rules of 1999. Petitioner undertakes to cooperate in the disciplinary proceedings initiated against him.
Order Date :- 18.8.2018 Anil