Court No. - 28
Case :- WRIT - A No. - 3250 of 2019 Petitioner :- Narendra Kumar Respondent :- State Of U.P. Through Secretary Sahkarita Vibhag, Lucknow And 3 Others Counsel for Petitioner :- Yogesh Mishra,Mangla Prasad Shukla Counsel for Respondent :- C.S.C.,Om Prakash Singh,Sushil Kumar Rao
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Yogesh Mishra, learned Counsel for the petitioner, learned Standing Counsel for respondent no.1, and Sri Om Prakash Singh, learned Senior Counsel assisted by Sri S.K. Rao, learned Counsel for respondent nos.3 and 4.
The petitioner who is a Store Superintendent was suspended by order impugned dated 13.12.2018. Contention of the petitioner is that though a preliminary enquiry was conducted from year 2013 to 2018 and in the said enquiry, he has been found guilty. But he was posted as the Store Superintendent in the year 2016 as such he cannot be held guilty for the earlier period.
Sri O.P. Singh, learned Senior Counsel appearing for the Corporation submits that by order impugned dated 13.12.2018, the petitioner was attached to the Regional Office, Jhansi and till date the petitioner has not joined at the said place. As such further disciplinary proceedings could not take place.
In veiw of the above, it is directed that the petitioner should join at the Jhansi, where he has been attached by order dated 13.12.2018 and the enquiry officer shall complete the enquiry within six months from today.
Needless to say that the petitioner shall be entitled for the suspension allowance during the said period according to the rules of the Corporation. The petitioner shall cooperate in the disciplinary proceedings.
The writ petition stands disposed of. Order Date :- 28.2.2019 S. Singh