Court made an interim stay on suspension absolute after ten years without subsequent developments, directing authorities to complete the disciplinary enquiry within six months and dispose of the writ petition.
Interim order made absolute; directive to complete enquiry within six months; petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- WRIT - A No. - 39673 of 2007
Petitioner :- Jagdish Prasad Respondent :- State Of U.P. And Others Counsel for Petitioner :- Rajeev Sisodia,Atul Sisodia Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The matter is being called out in the revised list. No one appears to press the petition on behalf of the petitioner. However, learned Standing Counsel on behalf of State is present.
The petitioner was suspended by order dated 1.6.2007 passed by the respondent no.3. The writ petition is directed against the order of suspension dated 1.6.2007 passed by the respondent no.3.
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.
An interim order was granted to the petitioner by this court on 30.8.2007. 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 six 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 :- 20.8.2018 Ashish Tripathi
2 issues framed by the court
Whether an interim order stays a suspension and must now be made absolute as the disciplinary enquiry likely concluded after a decade.
Whether a suspended employee was entitled to a time-bound direction for the completion of service enquiry.
Jagdish Prasad
State Of U.P.
Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
