Court No. - 6
Case :- WRIT - A No. - 23050 of 2018 Petitioner :- Satya Prakash Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saroj Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition challenges an order of suspension dated 14 September 2018, in term of which the petitioner, who is a Head Clerk, has come to be suspended pending conclusion of disciplinary proceedings. As is evident from the order impugned, the order of suspension has come to be passed on the allegation that the petitioner was derelict in discharge of his duties as a consequence of which a counter affidavit in proceedings before the High Court could not be filed within time and had also led to imposition of costs.
It is not disputed before this Court that under the provisions of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules 1999, an order of suspension is merited only in a situation where the charges levelled are of such a character which would necessarily lead to imposition of a major penalty.
Learned Standing Counsel fairly submits that the allegations even if taken to be correct and true do not and may not possibly result in imposition of a major penalty. In view of the above, it was his submission that directions may be issued for conclusion of the disciplinary proceedings themselves and the order of suspension be set aside.
Accordingly and in light of what has been noticed above, the present writ petition is allowed. The impugned order dated 14 September 2018 is hereby quashed.
This order shall, however, not preclude the respondents from proceeding with the disciplinary proceedings which are contemplated and all endeavour shall be made to conclude the same with expedition and preferably within six months from today.
The above direction is subject to the petitioner cooperating in the enquiry and taking no unnecessary adjournments.
Order Date :- 27.10.2018 faraz