Court No. - 36
Case :- WRIT - A No. - 17656 of 2019 Petitioner :- Rakesh Yadav @ Rakesh Kumar Yadav And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Nawal Kishor Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Nawal Kishor Mishra, learned counsel for the petitioners and learned Standing Counsel for the respondents.
With the consent of learned counsel for the parties, the writ petition is being disposed of at this stage without calling for a counter affidavit.
The petitioners, who are serving as Head Constables in Civil Police, are before this Court assailing the validity of the impugned order dated 15.10.2019 passed by the Senior Superintendent of Police, Ghaziabad, by which they have been placed under suspension. The request has also been made for issuing direction to the respondents to forthwith reinstate them on the post of Head Constables in Civil Police.
In response of the order of this Court dated 16.11.2019, learned Standing Counsel has placed the detailed instructions dated 24.11.2019 sent by the Senior Superintendent of Police, Ghaziabad and the same is taken on record.
After perusing the instructions in question once the Court has declined to interfere with the impugned suspension order then learned counsel for the petitioners prays that the direction may be issued to the respondents to conclude the departmental enquiry expeditiously.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the enquiry officer to conclude the enquiry within three months from the date of production of a certified copy of the order before him. Thereafter, he will place the enquiry report before the competent authority for taking appropriate decision in next two weeks. If the enquiry has not been concluded within the said period, the petitioners will be deemed to be in service and the suspension would be revoked automatically.
It is made clear that if the petitioners do not cooperate in the enquiry, the enquiry officer would be at liberty to proceed ex-parte also.
Order Date :- 26.11.2019 RKP