Court No. - 6
Case :- WRIT - A No. - 13731 of 2020 Petitioner :- Rajendra Prasad Awasthi Respondent :- State of U.P. and Another Counsel for Petitioner :- Gaurav Tripathi,Praveen Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The order dated 20.10.2020 passed by the Joint Commissioner (Administration), Commercial Tax, Banda Division, Banda has suspended the petitioner from service.
Shri Gaurav Tripathi, learned counsel for the petitioner contends that the petitioner has made an application for reinstatement him in service under Rule 4(3)(b) of of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999. However, the same has not been decided till date.
Shri Gaurav Tripathi, learned counsel for the petitioner contends that the authorities are under obligation of law to decide the representation of the petitioner for revocation of the suspension. However, the authorities have failed to do so and the representation remains pending till date. The impugned order has completely overlooked the aforesaid facts.
Learned Standing Counsel submits that the petitioner was rightly suspended on account of his imprisonment in pursuance of the criminal case lodged against him. The impugned order suffers from no infirmity.
Heard learned counsel for the parties.
The facts beyond the pale of any dispute relevant for the controversy are these.
The impugned order records that various opportunities were given to the petitioner to justify his absence from office. The petitioner failed to avail the aforesaid opportunities which were given to explain his absence from office. The impugned order references various letters dated 24.06.2020 and 10.07.2020 requiring the petitioner to explain the reasons for his absence and suspends him for failing to explain his absence.
The petitioner was imprisoned w.e.f. 06.11.2019 to 30.10.2020. The petitioner was under deemed suspension due to his imprisonment. The petitioner was enlarged on bail by this Court on 20.10.2020. The petitioner made an application for reinstatement in service immediately upon his release from custody on 05.11.2020.
The absence of the petitioner was due to his imprisonment. The petitioner has also made an application for his reinstatement in service under Rule 4(3)b of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, which contains all relevant facts that answer the issues raised in the impugned order. These facts have not been considered by the respondents.
The impugned order clearly suffers from non application of mind and is untenable in law.
The impugned order dated 20.10.2020 passed by the Joint Commissioner (Administration), Commercial Tax, Banda Division, Banda, is liable to be quashed. The impugned order dated 20.10.2020 passed by the Joint Commissioner (Administration), Commercial Tax, Banda Division, Banda is quashed.
The respondent authorities are directed to decide the representation of the petitioner dated 05.11.2020 for reinstatement in service and revocation of the deemed suspension in terms of Rule 4(3)(b) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, within a period of two months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad, along with a fresh copy of the said representation dated 05.11.2020.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The writ petition is allowed to the extent indicated above.
Order Date :- 8.1.2021 Dhananjai