Court No. - 38
Case :- WRIT - A No. - 11192 of 2019 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Order of suspension dated 7th June, 2019 is assailed in this petition, whereby petitioner has been placed under suspension on the charge that he had demanded bribe of Rs.53,000/- and that by misrepresenting facts the petitioner succeeded in availing illegal benefits. The writ petition was entertained and following orders were passed on 30.7.2019:-
"It is contended that a false complaint has been made against the petitioner and the authorities without examining the correctness of assertions made therein have proceeded to place the petitioner under suspension.
Learned Standing Counsel may obtained instructions in the matter by the next date fixed.
Post as fresh once again on 13th August 2019."
Learned Standing Counsel has obtained instructions, according to which a chargesheet dated 14.8.2019 has been issued to the petitioner. The instructions alongwith chargesheet has been served upon the counsel for the petitioner today in Court. Various letters have been annexed alongwith the instructions.
Learned counsel for the petitioner states that there is no basis for the authorities to accept the complaint made against him.
Merits of the charges levelled against the petitioner are not required to be examined by this Court, at this stage. Admittedly disciplinary proceedings have been initiated and a chargesheet has been served upon the petitioner. It would always be open for the petitioner to take all defence, as would be available to him in law, while submitting his reply and merits of the charges would be examined. Charges levelled against the petitioner are otherwise serious, which may warrant imposition of major punishments, if they are established. In the facts and circumstances of the present case, no interference with the order of suspension is, therefore, warranted. Challenge laid to the order of suspension dated 7.6.2019, therefore, fails.
It is, however, provided that in case petitioner submits his reply within three weeks from today, the authority concerned shall proceed to conclude the disciplinary proceedings, within a further period of four months, thereafter.
Subject to the observations made above, this writ petition stands disposed of.
Order Date :- 26.8.2019 Anil