Court No. - 34
Case :- WRIT - A No. - 9952 of 2021 Petitioner :- Ranjit Singh Solanki Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Jaiswal,Shashi Dhar Sahai Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Vikram Bahadur Yadav learned Standing Counsel for the State respondents.
The petitioner assails an order of suspension. The order of suspension recites that despite the petitioner having been transferred and relieved on 22 October 2020, he had failed to join the place of posting. Learned counsel for the petitioner contends that post 20 October 2020 the petitioner had met with a serious road accident and was undergoing medical treatment for which leave was also sanctioned. In view of the aforesaid, it was submitted that the order of suspension would not sustain more so since no preliminary enquiry was held.
The Court notes that the 1991 Rules are not shown to contemplate any preliminary enquiry being initiated prior to the disciplinary authority exercising the power of suspension. Insofar as the claim of the petitioner of having suffered serious medical injuries is concerned, those and other facts can always be placed before the concerned enquiry officer. All these and other issues which relate to the merits of the allegation are to be addressed and considered in the disciplinary enquiry which is contemplated.
In view of the aforesaid, the Court finds no ground to interfere with the order of suspension. The writ petition fails and shall stand dismissed. The prayer for payment of salary during the period when the petitioner remained on purported medical leave may be addressed by the respondents separately.
Order Date :- 12.8.2021 faraz