Court No. - 58
Case :- WRIT - A No. - 17855 of 2018 Petitioner :- Tejveer Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of suspension dated 29.06.2018; whereby, the petitioner has been placed under suspension on the ground that he had connived in raising of construction upon the land earmarked for Qabristhan. Various other charges, including that of defalcation of funds, have also been alleged. A charge sheet has also been served upon the petitioner, to which a reply is stated to have been given on 04.08.2018. Learned counsel for the petitioner has advanced various submissions in order to contend that charge against the petitioner is not made out; in as much as, the construction was raised after necessary permission and reports, etc.
The petition is opposed by the learned standing counsel.
Admittedly, the petitioner has been served with a charge sheet, to which a reply has been submitted. The defence of the petitioner, that construction was raised after due permission, etc., would be a defence which can be set up in the disciplinary inquiry by the petitioner and therefore, all such issues need not be examined by this Court.
Considering the fact that allegation of embezzlement, etc. is also alleged against the petitioner, this Court finds no good ground to interfere with the order of suspension. In the facts and circumstances, noticed above, it is, therefore, provided that the Inqiury Officer shall examine petitioner's reply and in case of need, conclude the inquiry within a period of three months from the date of presentation of certified copy of this order. The disciplinary authority shall take a final decision, in accordance with law, within a further period of four weeks, thereafter.
With the aforesaid observations, this petition stands disposed of.
Order Date :- 23.8.2018 Amit Mishra