The petition seeks issuance of a writ in the nature of certiorari quashing order dated 15.07.2019 passed by respondent no.2 and also to command the respondents to pay the salary of the petitioner regularly.
Learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Sweeper on 06.02.2019 in the Village Panchayat Jagdishpur, Block Katehari, District Ambedkar Nagar. An inspection was done by the Chief Development Officer, Ambedkar Nagar on 13.07.2019 to the Gaushala Ashraya Sthal, Village Kodara Katehari, Ambedkar Nagar wherein it was found that proper care was not done to the animals of the Gaushala Ashraya Sthal. Learned counsel for the petitioner also submitted that as per the roaster issued by the Development Officer (Panchayat), Katehari, Ambedkar Nagar, the petitioner was not deputed at the Gaushala on the date of inspection. He has also submitted that if any irregularity has been found by the inspecting authorities, the petitioner is not responsible for the same. Therefore, the suspension of the petitioner and the recommendation of the departmental enquiry vide order dated 15.07.2019 is illegal, unjust and improper and the same is liable to be quashed.
Per contra, learned counsel for the State has submitted that during inspection, several irregularities were found by the inspecting authority and there are no illegality in the order dated 15.07.2019 passed by the District Panchayat Raj Adhikari, Ambedkar Nagar and the petition is devoid of merit and is liable to be dismissed.
I have heard both the parties and perused the record.
I have perused the order dated 15.07.2019 in which it is contended that the inspection was conducted and several irregularities were found. It has also been specifically mentioned in the order that on 13.07.2019 the petitioner has been assigned for the care of the animals, therefore, he has been found responsible for not properly caring the animals of the Gausala.
The petitioner was suspended and the disciplinary proceeding has been started. It is settled law that an employer can suspend an employee during an enquiry. Suspension, in contemplation of a departmental enquiry or during the pendency of enquiry, is not considered to be a punishment. Therefore, in view of the facts and circumstances of the present case, I do not find any illegality in the order dated 15.07.2019 and there are no ground in the instant writ petition to issue a writ of certiorari for quashing the impugned order.
The writ petition being devoid of merit is accordingly dismissed.
Order Date :- 26.8.2019 VNP/-