Court No. - 38
Case :- WRIT - A No. - 10268 of 2019 Petitioner :- Yogesh Kumar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devottam Pandey,Sri O.P. Singh, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 11.7.2019:-
"An order of suspension dated 09.06.2019 has been assailed in this petition on the ground that on the basis of unsubstantiated allegations the petitioner has been placed under suspension. Submission is that charges are wholly vague and without ascertaining correctness thereof, the disciplinary authority has instituted disciplinary proceedings, which is unsustainable in law.
Learned Standing Counsel may obtain instructions in that regard, by the next date fixed. Put up this matter, as fresh, on 18.07.2019."
Learned Standing Counsel has obtained instructions, according to which, a chargesheet has been served upon the petitioner on 14th June, 2019.
Sri O.P. Singh, Senior Counsel assisted by Sri Devottam Pandey, learned counsel for the petitioner submits that the basis of disciplinary action is a complaint dated 31st May, 2019, which has not been served upon the petitioner alongwith the chargesheet.
Perusal of the chargesheet would go to show that the respondents have relied upon some CD, apparently containing conversations of the petitioner. This material (CD) is relied upon in disciplinary action against the petitioner and would constitute the basis of disciplinary action against the petitioner. Copy of the CD has been supplied to the petitioner as is clear from the instructions furnished by learned Standing Counsel which contains petitioner's admission that he has received the CD also. It is on the basis of this material or any other materials which may be supplied to the petitioner that the respondents can proceed.
In the facts and circumstances, since a chargesheet has already been served upon the petitioner alongwith materials relied upon, it would be appropriate to provide that the petitioner may submit his reply within a period of two weeks from today, and the enquiry itself would be got concluded within a further period of two months thereafter. It goes without saying that during the period petitioner remains under suspension, he would be entitled to the subsistence allowance.
With the aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 25.7.2019 Ranjeet Sahu