Court No. - 58
Case :- WRIT - A No. - 17870 of 2018 Petitioner :- Uma Shankar Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jamil Ahamad Azmi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of suspension dated 09.08.2018, which records that in his capacity as Gram Vikas Adhikar, the petitioner had sanctioned a house under Pradhan Mantri Awas Yojna to a person who already had a house, in which she was also residing. Direction has been issued to serve a charge sheet upon the petitioner within a period of 15 days. The order is challenged on the factual ground that in fact, the house does not belong to the person to whom the house has been allotted under Pradhan Mantri Awas Yojna. Various factual pleas have also been contended.
Learned standing counsel, in reply, submits that the defence of the petitioner, on facts, can be examined in the inquiry proceedings In the facts and circumstances of the case, noticed above, this Court is of the opinion that ends of justice would be met by directing the disciplinary authority to get the inquiry itself expedited in the matter, in accordance with law, within a period of three months from the date of presentation of a certified copy of this order. The defence of the petitioner, on facts, need not be examined by this Court, at this stage. The order of suspension has, otherwise, been passed by the authority who has jurisdiction in the matter.
The writ petition, with the aforesaid observations, stands disposed of.
Order Date :- 23.8.2018 Amit Mishra