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Pankaj Kumar Shukla vs State Of U.P.Through The Prin. ...

High Court Of Judicature at Allahabad|23 June, 2010

JUDGMENT / ORDER

Hon'ble Devendra Kumar Arora,J.
Heard Mr.Vineet Pandey, learned counsel for the petitioner as well as Mr.Sanjay Bhaseen, learned Additional Chief Standing Counsel for the opposite parties.
The petitioner has challenged the order of suspension dated 17th of June, 2010, issued by the State Government, whereby the charge against the petitioner has been levelled that the petitioner has issued the order for supply of 8,63,000 banana suckers more than the estimation without any requirement, which created an additional liability of Rs.32,80,000/- upon the State exchequer.
However, there is no charge for misappropriation of amount or there is no allegation for not planting the banana suckers. We are informed that charge sheet against the petitioner has already been prepared and the same shall be served upon the petitioner within a week.
Upon perusal of the facts of the case, we are of the view that the matter requires a detailed enquiry, therefore, we are not inclined to interfere in the proceeding of enquiry, but keeping in view the fact that there is no charge of misappropriation of State Exchequer, we hereby, prima facie, form the opinion that the allegations do not lead the petitioner's suspension from service, therefore, without interfering in the department proceedings, we hereby quash the order impugned dated 17th of June, 2010 issued by the State Government. The department is permitted to proceed with the enquiry and conclude the same expeditiously with the petitioner's cooperation.
With the aforesaid observations and directions the writ petition is disposed of finally.
Order Date :- 23.6.2010 Banswar
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Title

Pankaj Kumar Shukla vs State Of U.P.Through The Prin. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
23 June, 2010