Petitioner challenged suspension order. No petitioner appearance. Interim stay from 2007 made absolute. Respondent directed to complete inquiry within three months.
Interim order staying suspension made absolute. Inquiry completed within three months or as per law.
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Court No. - 28
Case :- WRIT - A No. - 21349 of 2007 Petitioner :- Kailash Nath Respondent :- State Of U.P. And Others Counsel for Petitioner :- W.H. Khan Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The matter is being called out in the revised list. None appears on behalf of petitioner to press this writ petition. Learned Standing Counsel on behalf of State is present.
The petitioner was suspended by order dated 04.3.2007 passed by the respondent no.2.
The writ petition is directed against the order of suspension dated 04.3.2007 passed by the respondent no.2.
Learned Standing Counsel points out that the charge as disclosed in the order of suspension is grave enough to warrant a dismissal from service in case charge stands approved.
The interim order was passed by this court on 14.5.2007. Since 10 years have passed, it is likely that the enquiry has been completed. The petitioner has not brought any subsequent development in the record. The interim order is made absolute. In case the enquiry against the petitioner has not been completed, the respondent authorities shall complete the same within a period of three months, in accordance with law and if permissible in law, from the date of receipt of certified copy of this order.
With the aforesaid directions, the writ petition stands disposed of finally.
Order Date :- 29.8.2018 Pramod
2 issues framed by the court
Whether the interim order staying suspension should be made absolute after ten years delay
Whether inquiry proceedings pending against suspended employee were completed within reasonable time
Kailash Nath
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
