Heard learned Counsel for the petitioner and the learned Standing Counsel.
Petitioner, who is a Supply Inspector in the Department of Food and Civil Supplies, was placed under suspension by the order dated 3.11.2006. Thereafter a charge-sheet was issued to him to which he submitted reply denying the charges levelled against the petitioner.
Counsel for the petitioner contends that under Rule 4 of the U.P. Government Servant ( Disciplinary and appeal) Rules 1999, a government servant may be placed under suspension during pendency or in contemplation of inquiry but this measure has to be adopted under the extra ordinary circumstances where allegations against the government servant are so serious warranting major penalty, if the same is proved but in the present case the petitioner has been placed under suspension on baseless and flimsy grounds.
Counsel for the petitioner has vehemently argued that law is well settled that a government servant cannot be kept under suspension for an indefinite period.
No doubt suspension is not a punishment but it is equally true that a government employee cannot be placed under suspension for an indefinite period. Whenever an employee is suspended, he is looked with suspicious eyes by his relatives, colleagues and the society at large apart from the mental agony with which the employee suffers. It has also been pointed out that the petitioner is unnecessarily being harassed and victimized on account of absolutely unjustified suspension order. In the instant case, the suspension order was passed three years ago but till date 2 disciplinary proceedings have not reached to its logical conclusions.
Considering the peculiar facts and circumstances of the case, the opposite parties are directed to conclude the disciplinary proceedings and pass final orders by 31st March, 2010 provided the petitioner cooperates in the enquiry.
With the aforesaid observations and directions this writ petition is disposed of finally. Liberty is granted to the petitioner to approach this court again, if the disciplinary proceedings are not concluded within the period, indicated above.
12.1.2010 HM/-