Court No. - 5
Case :- WRIT - A No. - 12797 of 2021 Petitioner :- Narendra Nath Chaubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dr. Akhilesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is Survey Kanoongo and has been suspended by order dated 15.07.2021, which is assailed in the present writ petition.
The charge against the petitioner in the suspension order is that he has given information under Right to Information Act based upon facts which do not exist on record and without authority. The further charge is that petitioner has manipulated the entries in the revenue record in respect of Gata No.170 so as to render undue advantage to some persons.
Challenging the suspension order, learned counsel for the petitioner submits that charge against the petitioner are false and incorrect and as such, the suspension order is not sustainable having been passed mechanically without application of mind.
Be that as it may, the charges against the petitioner are grave in nature, and if found proved, may warrant major punishment. The question as to whether the charges against the petitioner are false can be considered only the basis of evidence in the inquiry.
The order of suspension can be interfered with if it has been passed malafidely or without jurisdiction or in contravention to any statutory provision of law. In the instant case, none of the conditions in which suspension order can be interfered with by this Court is present.
Accordingly, this Court is not inclined to interfere with the order of suspension impugned in the writ petition.
With the aforesaid observations, the writ petition is dismissed. However it is provided that the disciplinary authority i.e.
respondent no.3-District Magistrate, Ballia shall conclude the enquiry against the petitioner within a period of four months from today.
It is needless to say that petitioner shall cooperate in the enquiry and in case the petitioner does not cooperate in the enquiry, the disciplinary authority may conclude the enquiry ex parte.
Order Date :- 24.9.2021 Sattyarth