Court No. - 36
Case :- WRIT - A No. - 10446 of 2018 Petitioner :- Tajulmulook Akhtar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Brijendra Deo Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means the present petition the petitioner is challenging the suspension order dated 22.03.018 with the assertion that no preliminary enquiry has been done prior to passing of the suspension order. The charges against the petitioner of being unauthorizedly absent from duty were not proved during the course of preliminary enquiry. No fresh enquiry has been conducted by the competent authority before passing the suspension order.
The said submission of learned counsel for the petitioner is not found substantiated from a careful perusal of the order of suspension.
A perusal thereof categorically indicates that Assistant Development Officer (Panchayat) Block-Bisilpur has given a report in writing vide letter dated 28.12.2017 that the petitioner remains absent from duty continuously and is doing the work of cleanliness in the village in question by hiring other persons engaged on private basis. The charges against the petitioner are of dereliction of duty and the explanation, if any, available with him can only be examined by competent authority during the course of regular enquiry.
In view of the fact that the petitioner has been suspended on the complaint of an officer who is his supervisory authority being in- charge of the work of cleanliness in the village, this Court does not find any justification to interfere in the order impugned. It is open for the petitioner to submit his explanation during the course of departmental enquiry.
However, in the light of the judgement of Apex Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary & another reported in 2015 (7) SCC 291, it is directed that the competent authority shall make an endeavour to conclude the departmental enquiry initiated against the petitioner, preferably, within a period of three months from the date of submission of certified copy of this order, provided the petitioner co-operates.
Order Date :- 24.4.2018 Himanshu