Court No. - 36
Case :- WRIT - A No. - 18979 of 2019 Petitioner :- Ram Narayan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atipriya Gautam,Devesh Mishra,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court assailing the impugned suspension order dated 12.07.2019 passed by third respondent.
The petitioner has been suspended on the ground of unauthorised absence and lodging of FIR against the petitioner being Case Crime No.76/19 under Section 498A/304B IPC and 3/4 D.P. Act. Against the aforesaid case, the petitioner had preferred Criminal Misc. Bail application No.28750 of 2019 (Ramnarayan v. State of U.P.) in which he was granted bail on 20.09.2019. Consequently, the petitioner had moved an application before the competent authority for his reinstatement but till date he has not been reinstated. In support of his submissions, he has placed reliance on the judgment in Union of India v. Rajiv Kumar, (2003) 6 SCC 516, wherein Hon'ble the Apex Court has clarified that once a person has been placed under deemed suspension, then the same does not get automatically revoked upon release and a fresh order has to be passed. He has also placed reliance on the judgment in Rama Shankar v. State of U.P., 2010 (3) ADJ 316.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, and with the consent, the writ petition stands disposed of with direction to the third respondent to pass appropriate order on the application of the petitioner with regard to revocation of suspension expeditiously and preferably within three weeks from the date of production of certified copy of this order.
Order Date :- 28.11.2019 SP/