Court No. - 36
Case :- WRIT - A No. - 12941 of 2018 Petitioner :- Ram Pratap Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Indra Raj Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner is challenging the suspension order with the assertion that the suspension order is based on vague and irrelevant consideration which is reflected from the careful reading of the suspension order itself. Three out of four charges levelled against the petitioner are personal to him and have no concern with the disciplinary authority. The said charges cannot be examined by the disciplinary authority, even in case the departmental enquiry is initiated against the petitioner.
In so far as the charge no.4 is concerned the same is with regard to dereliction of duty, but is too vague to sustain the suspension order.
Learned Standing Counsel though tried to defend the order impugned but has not able to assail the submission of learned counsel for the petitioner that the suspension cannot proceed on the allegations mentioned therein.
In view of the above, this Court is of the considered view that the suspension order dated 27.04.2018 cannot be sustained. The same is hereby quashed.
However, it is open for the competent authority to proceed afresh in accordance with law.
With the above observations, the writ petition is allowed. Order Date :- 29.5.2018 Himanshu