Court No. - 58
Case :- WRIT - A No. - 19011 of 2018 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vijay Kumar Dixit Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 7.9.2018:-
"Petitioner is a Junior Engineer in Rural Engineering Department and has been placed under suspension on 29.8.2018. The charge against the petitioner is that in an inspection of work it was found that the road constructed under the supervision of petitioner was substandard.
Learned counsel for the petitioner submits that although in the initial enquiry certain advance observations were made by the enquiry officers, but the site was inspected again on 18.5.2018 and work was found satisfactory. Submission is that subsequent report has not been taken note of while placing the petitioner under suspension.
Learned Standing Counsel may obtain instructions, by the next date fixed. Put up in the additional cause list on 18.9.2018."
Learned Standing Counsel has obtained instructions from the Director, as per which the alleged second enquiry report has not been made available in his office.
Perusal of Annexure-6 would go to show that though a report has been prepared, but it is not clear as to whether it is forwarded by the District Magistrate or not? From the instructions brought on record, it transpires that CC road, which was constructed under the supervision of petitioner, was got destroyed within one and a half month itself, which has been found to be a case of serious lapse. In such circumstances, no interference with the order of suspension is called for. Challenge laid to the suspension order, therefore, fails.
In the facts and circumstances, however, it is provided that disciplinary enquiry initiated against the petitioner shall be got concluded by the authority concerned, within a period of three months from the date of presentation of certified copy of this order, provided petitioner cooperate in it.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 18.9.2018 Ashok Kr.