Notices on behalf of opposite parties no. 1 to 5 have been accepted by the learned Chief Standing Counsel, while Shri Pankaj Verma, learned counsel has accepted notices on behalf of opposite parties no.6, 7 and 8.
By means of present writ petition, the petitioner is challenging the order dated 16.04.2012, by which the petitioner has been placed under suspension, as contained in Annexure-2 to the writ petition.
The submission of learned counsel for the petitioner is that perusal of suspension order reveals that vague allegations have been made against the petitioner and apparently the petitioner was placed under suspension without contemplation of any inquiry. However, it appears that subsequently by hand in para-3 of the suspension order the words "JANCH PRASTAVIT HAI" have been added. It is also submitted by learned counsel for the petitioner that suspension order appears to be outcome of non-application of mind.
Learned counsel for the opposite parties while opposing the writ petition submitted that the petitioner has committed various financial irregularities and also in habit of not complying with the directions of his higher authorities and, therefore, he has been placed under suspension in contemplation of inquiry.
I have considered the submissions of learned counsel for the parties and gone through the record.
From perusal of the impugned suspension order dated 16.04.2012, it is evident that vague allegations have been made and not even a single word has been mentioned in the impugned order about the nature of financial irregularities committed by the petitioner.
On due consideration, this Court is of the view that prima-facie a case for interim relief is made out.
The operation and implementation of the impugned order dated 16.04.2012, as contained in Annexure-2 to the writ petition, is hereby stayed till further orders of the Court. However, it is open for the opposite parties to hold an inquiry in accordance with law after serving charge-sheet and if any inquiry is proposed against the petitioner, the petitioner will cooperate in the same.
All the opposite parties are granted four weeks' time for filing their respective counter affidavits. Rejoinder affidavit, if any, be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Order Date :- 25.4.2012 Suresh