Court No. - 58
Case :- WRIT - A No. - 25152 of 2018 Petitioner :- Santosh Kumar Sen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was placed under suspension by the respondent University on 5th December, 2017 on certain charges. It is alleged that on identical charges, a First Information Report was also lodged in which a final report has been submitted. Submission is that neither any chargesheet has been served upon the petitioner and the suspension is continuing indefinitely. Reliance is placed upon the observation made by the Apex Court in Ajay Kumar Choudhary Vs. Union of India and another, (2015) 7 SCC 291, wherein Their Lordships have observed that suspension cannot be allowed to continue indefinitely.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to represent in the matter before respondent no.2, in respect of his grievance annexing all relevant materials in support of his claim, alongwith certified copy of this order, within two weeks from today. The Vice Chancellor shall insure that the disciplinary enquiry initiated against the petitioner is concluded at the earliest possible, preferably within a further period of three months, thereafter. Petitioner, moreover, undertakes to cooperate in the enquiry.
Order Date :- 29.11.2018 Anil