Court No. - 7
Case :- WRIT - A No. - 20044 of 2018 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- C.S.C.,Kamlesh Kumar Yadav,Ras Bihari Pradhan
Hon'ble Dinesh Kumar Singh,J.
1. The present petition has been filed impugning the order dated 2.07.2018 placing the petitioner on suspension pending disciplinary inquiry against the petitioner for withdrawing the salary by forging the signatures of the Manager of the Committee of Management. There is no dispute that the School, in which the petitioner is an ad hoc Headmaster comes under the U.P. Social Welfare Department and the Committee of Management is the Appointing Authority of the Principal of the School.
2. The suspension order has also been approved by none other than the Additional Director, which is evident from his letter dated 16.07.2018 (Annexure-2 to the writ petition). The Additional Director has directed the District Social Welfare Officer to take appropriate steps in pursuance to the suspension order dated 2.07.2018 against the petitioner for getting the matter enquired by appointing an Enquiry Committee.
3. An employee can be placed on suspension even in contemplation of the disciplinary enquiry against him. There is serious charge against the petitioner for withdrawing the salary by forging the signatures of the Manager of the Committee of Management. This matter needs to be investigated/enquired by Enquiry Authority/Enquiry Committee/Officer in accordance with law. The District Social Welfare Officer is in process of constituting an Enquiry Committee to get the matter enquired against the petitioner.
4. The impugned suspension order has not been passed in violation of any statutory Rule or against the service conditions and, therefore, cannot be interferred with.
5. In view of the aforesaid fact, the present petition cannot be entertained which otherwise lacks merit and substance and, therefore, it is dismissed without costs.
Order Date :- 18.9.2018 NSC