Heard Mr. Gaurav Mehrotra, learned counsel for the petitioner and learned Standing Counsel for the opposite parties.
In this writ application, petitioner's suspension order dated 29th May, 2010, Annexure-1 to the writ petition, has been challenged. The petitioner has been put under suspension on the ground that he found a dead body on 12.05.10 near the garbage dump of Park Road, Lucknow, which was got deposited by him in the mortury of the Civil Hospital but without informing about the same to the concerned police station he proceeded on CER duty and as such he committed gross misconduct in the discharge of his duties.
Shri Mehrotra has submitted that no dead body was got deposited by the petitioner in the mortury of the Civil Hospital and a dead body was found on 15.05.2010, at the garbage dump near the Zoo, by one Yasin Ansari of the Civil Hospital, Lucknow who informed about the same to the police on that date and thereupon an inquest report of the dead body was prepared by S.I. Chandra Shekhar Singh at the place where it was lying and after its postmortem examination the dead body was buried but it was subsequently recognized by its cloths as that of Kamal Awasthi, the son of the complainant of Case Crime No. 370 of 2010 under section 364 of I.P.C. of P.S. Hazratganj. It is also submitted that prior to that date i.e. 15.05.2010, the petitioner was already relieved on 14.05.2010 for CER duty. It has further been submitted that the impugned suspension order has been passed pursuant to the report of C.O. Hazratganj, Annexure 7, which does not disclose that any record of the mortury was seen to determine whether or not any dead body was got deposited in the mortury by the petitioner on 12.05.2010.
Learned standing counsel prays for and is allowed two weeks time to seek instruction. List in the week commencing 12th July, 2010.
Till the next date of listing the operation of the suspension order dated 29.05.2010, contained in Annexure 1 to the writ petition shall remain stayed.
Order Date :- 21.6.2010 Kan