Court No. - 16
Case :- WRIT - A No. - 8516 of 2018 Petitioner :- Yuvraj Singh Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Satyvrat Tripathi,Santosh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was placed under suspension in the year 2015, and a charge-sheet was served upon him. The records reveal that enquiry had already been concluded and petitioner has been issued a show cause notice alongwith copy of the enquiry report to which petitioner has already submitted his reply. In such circumstances as the proceeding has already been concluded, it would be appropriate to direct the disciplinary authority to conclude the proceedings.
Learned counsel for the petitioner places reliance upon a judgment of the Apex Court in Ajay Kumar Choudhary Vs. Union of India (UOI) and others, reported in AIR (SC) 2015 2389, in order to contend that continuance of suspension beyond a reasonable period is arbitrary.
In the facts and circumstances as the enquiry has already been concluded, it would be appropriate to direct the respondents to conclude the disciplinary proceedings, in accordance with law, within a period of two months from the date of presentation of certified copy of this order. In case the suspension allowance has not been paid so far, the respondents shall ensure that the same shall be released, within a period of two weeks from the date of presentation of certified copy of this order.
Writ petition is, accordingly, disposed of.
Order Date :- 23.3.2018 Anil