Court No. - 2
Case :- WRIT - A No. - 6575 of 2019 Petitioner :- Vijai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Dayal Tiwari,Sri M.D. Singh (Shekhar) Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner is working as Revenue Inspector in the Revenue Department. By the instant writ petition, petitioner is assailing the suspension order dated 9 October 2018. Petitioner claims to have been suspended on the allegation of manipulating the revenue records by making fraudulent entry of a tenure holder, thereby, compensation was received by the tenure holder. Thus, causing pecuniary loss to the Government.
On specific query, learned Senior Counsel informs that charge sheet dated 20 November 2018 was issued and petitioner has submitted his reply, the enquiry is pending. He, however, submits that more than six months have been passed, but the enquiry is continuing. It is incumbent upon the Disciplinary Authority/District Magistrate, Gorakhpur, to revoke the suspension order due to the prolonged pendency of the enquiry. It is further submitted that for Lekhpal who came to be suspended, for the same incident, this Court vide order dated 30 October 2018 passed in Writ - C No. 36110 of 2018 has stayed the order.
Be that as it may, serious disputed questions of facts are involved, which cannot be gone into at this stage, it is the subject matter of the departmental enquiry. In so far as suspension of the petitioner is concerned, it is always open for the petitioner to approach the disciplinary authority by making an appropriate application for revocation of suspension.
Learned Standing Counsel submits that in the event such an application be made, the same shall be considered by the second respondent, in accordance with the Rules.
In view thereof, on consent, the petition is disposed of with a direction that petitioner shall file representation before the second respondent-the District Magistrate, Gorakhpur for revocation of suspension. In the event of filing of such an application, it is expected that the same shall be considered and decided by the second respondent-the District Magistrate, Gorakhpur, by a reasoned and speaking order, expeditiously, preferably within a period of two months from the date of filing of certified copy of this order alongwith copy of the writ petition.
It is clarified that the Court has not considered the claim of the petitioner on merits.
Order Date :- 29.4.2019 Atul