Court No. - 34
Case :- WRIT - A No. - 10469 of 2021 Petitioner :- Suresh Chandra Respondent :- State Of U.P. Through Its Secretary (Village Development) And 3 Others Counsel for Petitioner :- Pradeep Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Shashank Shekhar Singh, learned Standing Counsel. Although the matter is taken up in the revised call, none has appeared for the petitioner.
The petitioner assails an order of suspension dated 25 August 2020. The record reflects that the aforesaid order has come to be passed pursuant to the petitioner being named in Case Crime No.149 of 2019. In connection with the aforesaid case, the petitioner also remained in jail from 19 August 2020 to 25 September 2020. He was enlarged on bail thereafter.
As the Court reads the order impugned, the power of suspension has been exercised solely on the basis of the petitioner's arrest in the aforementioned case crime. The order does not record that any disciplinary proceedings are sought to be instituted or are contemplated to be separately initiated. In view of the aforesaid, learned Standing Counsel submits that in light of the relevant rules which apply, the respondents would be obliged to consider whether the order of suspension should be permitted to remain in operation even though the petitioner has been enlarged on bail on 26 September 2020.
It is submitted that subject to verification of all facts, the District Magistrate shall undertake the requisite inquiry in this respect and communicate a final order to the petitioner with expedition and preferably within a period of three months from the date of presentation of a duly authenticated copy of this order.
Accordingly, the petition shall stand disposed of in light of the statement noted above. All contentions of respective parties on merits are kept open.
Order Date :- 24.8.2021 Vivek Kr.
Digitally signed by Justice Yashwant Varma Date: 2021.08.25 11:50:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad