Court No. - 36
Case :- WRIT - A No. - 15430 of 2019 Petitioner :- Sarvesh Kumar Srivastava Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.,Narendra Kumar Giri
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner seeks to challenge the suspension order on the premise with the allegations that the petitioner had obtained appointment on compassionate ground by playing fraud and is not son of the deceased employee, had been enquired at an earlier point of time.
By order dated 27.2.2016, the Deputy Commissioner and Deputy Registrar, Cooperatives, Chairman of Kshetriya Committee had opined that there was no evidence in support of the complaint to hold that the petitioner's appointment was a result of forgery.
Submission, thus, is that no fresh departmental enquiry can be initiated by placing the petitioner under suspension vide order impugned by the same authority.
This submission of learned counsel for the petitioner is not entertainable for the fact that the order dated 27.2.2016 which is at page '50' of the paper book, has been passed without making any detail enquiry. Rather it was an opinion drawn on the basis of certain papers submitted before him. It further appears that on the basis of preliminary enquiry conducted at an earlier point of time it was found that the succession certificate and 'Pariwar Register' produced by the petitioner were phtostat and not certified copies and were issued from a different tehsil, whereas deceased employee was resident of another tehsil. The decision to make a detail enquiry by placing the petitioner under suspension has been taken in view of the alleged fraud came to notice in the preliminary enquiry.
The order impugned categorically records that the petitioner was asked to submit the succession certificate and copy of 'pariwar register' so as to prove that he is son of the deceased employee.
Copy of the 'Pariwar Register' and succession certificate has not been brought on record in the present petition. Moreover, noticing the fact that the factual enquiry is needed into the matter of appointment of the petitioner on compassionate ground, this Court does not find any reason to interfere. Moreover, suspension is not punishment. It is incumbent on the petitioner to participate in the enquiry which is to be conducted by three member Committee constituted by the Deputy Commissioner and Deputy Registrar, Cooperatives.
At the same time, it would be obligatory on the part of the respondent no.2, Deputy Commissioner and Deputy Registrar, (Cooperatives) and Chairman, Regional Committee, Azamgarh Division Azamgarh to conclude the enquiry at the earliest, preferably, within a period of two months from the date of submission of certified copy of this order after giving due opportunity to the petitioner to participate in the same.
For the period of suspension, the petitioner shall be paid subsistence allowance on completion of the necessary formalities, in accordance with the rules.
Subject to the above, the writ petition is disposed of. Order Date :- 27.9.2019 Harshita