Court No. - 38
Case :- WRIT - A No. - 13574 of 2019 Petitioner :- Sanjay Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shatrughan Yadav,Amit Saxena (Senior Adv.) Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 12.9.2019:-
"Sri Amit Saxena, Senior Advocate appearing on behalf of the petitioner submits that the suspension of the petitioner on 15.11.2017 was a mala- fide exercise of power at the instance of the Member of Assembly, he further states that a charge sheet in pursuance to the suspension was served on the petitioner on 3.1.2018 containing eight charges, however, the evidence in support of the said charge sheet has never been supplied to the petitioner despite requests. He further submits that even the suspension allowance has not been paid to the petitioner which is violative of Article 21 of the Constitution of India. He also submits that continuous suspension without any steps for concluding the enquiry is also violative of Article 14 of the Constitution of India and, thus, prays for quashing of the suspension order.
A perusal of the charge sheet on record reveals that the respondents have placed reliance on the enquiry report dated 2.11.2017 alleged to have been conducted by the District Basic Education Officer, Pilibhit which appears prima-facie to be the sheet anchor of the evidence relied upon against the petitioner for pressing the charges levelled against the petitioner.
Considering the averments made by Sri Amit Saxena, Senior Advocate, the Standing Counsel is directed to seek instructions in the matter and to produce the record of enquiry report dated 2.11.2017 before this Court on the next date. He shall also seek instruction with regard to the allegation of nonpayment of subsistence allowance by the next date.
List the matter on 26.9.2019 as a fresh case before the appropriate Court."
Sri Rajeshwar Tripathi, learned Chief Standing Counsel has obtained instructions from the Additional Director of Education, according to which all withheld amount towards subsistence allowances has been paid to the petitioner on 21.9.2019. This fact is not disputed.
Sri Amit Saxena, learned Senior Counsel for the petitioner states that till date petitioner has not been furnished documents, which forms the basis of disciplinary action against the petitioner.
Alongwith the instructions, the report dated 2.11.2017 has been produced. It appears that even this report has not been given to the petitioner till date. Learned Chief Standing Counsel states that all such materials, which are available with the department in respect of the charges levelled against the petitioner, would be furnished to him within a week from today. Petitioner shall be at liberty to submit his reply, within a period of two weeks, thereafter. The respondents shall ensure conclusion of disciplinary enquiry against the petitioner, within a further period of two months, thereafter.
With the aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 26.9.2019 Anil