Court No. - 6
Case :- WRIT - A No. - 610 of 2019 Petitioner :- Vikas Kumar Varun Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bramh Narayan Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri J.S. Bundela learned Standing Counsel.
This petition impugns an order of suspension dated 28 December 2018. As is evident from a reading of the impugned order, the allegation against the petitioner is of back dating various transit passes thus causing loss to the State exchequer.
Learned counsel has sought to contend with the aid of a supplementary affidavit filed today that earlier in 2015 also a similar complaint was made which was enquired into. He further draws the attention of the Court to an enquiry report which is stated to have been drawn up at that stage in 2015 to submit that these allegations had been duly enquired into and the proceedings closed.
Be that as it may, the Court notes that there is no material on the record to establish that the enquiry report drawn up on 24 August 2015 and addressed to the District Magistrate Jaunpur was accepted. The order of suspension does not refer to or rest upon the findings that may be said to have been enquired into in 2015 and therefore, presently and on the state of the record, this Court is unable to return or record any finding with respect to the submission that the allegation relates to the same period. Bearing in mind the seriousness of allegations levelled, the Court finds no ground to interfere with the order impugned.
The writ petition is dismissed. Order Date :- 29.1.2019/faraz