Heard learned counsel for the petitioner and learned Standing Counsel.
With the consent of learned counsel for the parties, the writ petition is being disposed of finally.
By means of the instant writ petition, the petitioner is assailing the order of suspension dated 8th June, 2009 passed by the opposite party No.2 as contained in Annexure No. 1 to the writ petition.
The argument of the learned counsel for the petitioner that the charges are not correct and cannot be attributed to the petitioner, to which learned Standing Counsel submits that the same cannot be a subject matter of jurisdiction under Article 226 of the Constitution of India and it can be considered by the Enquiry Officer, where the parties would be free to lead evidence and produce material which may be proved by the respective parties. The High Court is not acting as an Enquiry Officer in the enquiry or is sitting over the suspension order.
Counsel for the petitioner, at this stage, submitted that a direction be issued to the Enquiry Officer to complete the enquiry, expeditiously, to which learned Counsel for the State has no objection.
In view of the above, the writ petition is disposed of finally with a direction to the opposite parties to conclude the inquiry, expeditiously, say, by 31st May, 2010, in accordance with law.
Order Date :- 1.2.2010 Ajit/-