Court No. - 32
Case :- WRIT - A No. - 9513 of 2019
Petitioner :- Prahalad Narayan
Respondent :- Divisional Director Social Forestry And 2 Others
Counsel for Petitioner :- Dharmraj Chaudhary,Adarsh Singh,Indra Raj Singh
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Adarsh Singh, learned counsel appearing on behalf of petitioner and Sri Rajesh Mishra, learned Standing Counsel appearing on behalf of respondents.
Sri Adarsh Singh, learned counsel appearing on behalf of petitioner has submitted that the impugned suspension order dated 27.05.2019 has been passed without contemplating any enquiry. Therefore, it is against the provisions of Rule 4(1) of the U.P. Government Servant (Discipline and Appeals) Rules, 1999. Learned counsel for petitioner for this purpose has also relied upon judgment of this Court in the case of Radhey Shyam Srivastava Vs. State of U.P. reported in 2008 (2) ESC 817 (All.) (D.B.) and relied specifically on paragraph 6, 7 and 8.
Sri Rajesh Mishra, learned Standing Counsel appearing on behalf of respondents has placed instructions which is taken on record thereby it has been informed that the chargesheet has already been issued on 30.05.2019 and a copy of the same is also served to the petitioner.
Considering the subsequent events that now the chargesheet has already been issued and served to the petitioner, therefore, at this stage no relief can be granted to the petitioner. The facts of the present case are distinguished with the facts of Radhey Shyam Srivastava (Supra). In present matter, the chargesheet has already been issued, where in Radhey Shyam Srivastava (Supra), no chargesheet even after passing suspension order was issued.
In view of the above, this petition is misconceived and is accordingly dismissed.
Order Date :- 7.6.2019 Shubhankar