Court No. - 39
Case :- WRIT - A No. - 16008 of 2018 Petitioner :- Satya Deo Rai Respondent :- Union Of India And Another Counsel for Petitioner :- Alok Rai,Chandan Sharma Counsel for Respondent :- A.S.G.I.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heaard Sri U.N.Sharma, learned Senior Advocate assisted by Sri Alok Rai, Sri Abhishek Rai and Sri Chandan Sharma for the petitioner and Sri Arvind Kumar Goswami, leaarned counsel for the respondent no. 1.
The petitioner in the writ petition is seeking quashing of the order dated 28.11.2016 as well as 17.02.2017, 14.07.2017 and 01.06.2018. Vide order dated 28.11.2016 the petitioner was placed under suspension on three charges which refers the allegations made by Raju Kumar, Farras-cum- Sweeper. The orders dated 17.02.2017, 14.07.2017 and 01.06.2018 are the orders by which the suspension has been extended from time to time. The order dated 27.06.2018 is the appellate order rejecting the petitioner's appeal against the order of suspension.
We may note certain facts of the case without actually entering into the merits of the charges against the petitioner. The petitioner was placed under suspension on three charges of having used abusive, inappropriate and castiest language against one Raju Kumar, Farras-cum-Sweeper. Subsequently, it appears that Raju Kumar gave an affidavit before the police withdrawing his allegation against the petitioner on which a closure report dated 29.1.2017 (annexure-13) has been submitted by the investigating officer. These facts were brought to the notice of the appellate authority through an appeal dated 2.2.2017. Though these facts are mentioned in the appellate order dated 27.06.2018 but there is no consideration of the same as to why in spite of the complaint having been withdrawn the respondents found it fit to continue the petitioner under suspension. There is another aspect of the matter. The petitioner is under suspension since 28.11.2016 and till date the respondents have not had the time to conclude the departmental proceedings which ordinarily ought to have been done expeditiously at the most within three months.
This writ petition is, therefore, disposed of with a direction to the respondent no. 2, Debt Recovery Appellate Tribunal, Allahabad to conclude the departmental proceedings pending against the petitioner within three months from the date of receipt of the certified copy of this order.
Till then the orders impugned in the writ petition shall remain stayed and shall be subject to any final order which may be passed by the disciplinary authority.
Order Date :- 26.7.2018 nd