The High Court dismissed the writ petition challenging a suspension order. It observed that factual disputes regarding termination dates and relief claims require a disciplinary inquiry and lack importance at the writ stage.
The writ petition is disposed of; disciplinary inquiry to be concluded within four months.
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Court No. - 58
Case :- WRIT - A No. - 17742 of 2018
Petitioner :- Mahkar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Ashwani Kumar Mishra,J.
While entertaining this petition, following orders were passed on 21.08.2018:-
"An order of suspension dated 10.8.2018 is challenged on the ground that much prior to sanction of disputed amount in favour of employees of institution concerned, the petitioner has already been transferred and relieved on 17.7.2017. Sumbission is that the order of suspension suffers from non application of mind.
Learned Standing Counsel and Sri Virendra Chaubey, learned counsel for the respondent no.5 may obtain instructions, by the next date fixed.
Put up in the additional cause list on 29.8.2018"
Learned standing counsel has obtained instructions and relevant records have also been produced before this Court. Photocopy of a letter sent by the District Basic Education Officer dated 26.07.2017 has been placed before this Court, which is signed by the District Basic Education Officer, Hapur, and also has counter-signature of the petitioner. It is also stated that though petitioner was transferred and has been relieved on 17.07.2018, but in fact, the petitioner continued to receive letters and he had delivered charge to his reliever only on 29.07.2018. Photocopy of all such materials have been brought on record.
Learned counsel for the petitioner disputes the aforesaid fact and it is contended that once the petitioner was relieved on 17.07.2018, there is no question of petitioner signing the aforesaid letter.
Be that as it may, issues of fact, as is being sought to be raised before this Court, need not be commented upon, at this stage; in as much as, the inquiry on all such aspects is yet to be concluded. The charge against the petitioner, otherwise, cannot be said to be such on which an order of major punishment cannot be passed.
In such circumstances, no interference with the order of suspension is called for. The writ petition stands disposed of with the observation that the disciplinary inquiry, initiated against the petitioner, shall be got concluded within a period of four months from the date of presentation of certified copy of this order. All possible
defence, as is being urged by the petitioner before this Court, would be examined in disciplinary inquiry, in accordance with law.
Order Date :- 29.8.2018 Amit Mishra
Mahkar Singh
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
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