This order quashed the petitioner's suspension order dated 14.9.2006. It allowed the writ petition, noting that the enquiry was completed with a minor penalty awarded in 2007, rendering the purpose of the suspension order obsolete after a decade.
Quashed the impugned order dated 14.9.2006 suspending the petitioner and allowed the writ petition.
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Court No. - 28
Case :- WRIT - A No. - 55700 of 2006
Petitioner :- Bhishm Puri Respondent :- State Of U.P. And Others Counsel for Petitioner :- Sheo Ram Singh,R.K. Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The matter is being called out in the revised list.
Heard Sri R.K.Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
The petitioner was suspended by order dated 14.9.2006 passed by the respondent no.2. The writ petition is directed against the order of suspension dated 14.9.2006 passed by the respondent no.2. An interim order was granted to the petitioner by this court on 9.10.2006. Since 10 years have passed.
Sri R.K.Yadav, learned counsel for the petitioner submits that the enquiry against the petitioner has been completed. The minor penalty has been awarded to the petitioner on 12.7.2007. The purpose of the suspension order no longer exists.
The impugned order dated 14.9.2006 passed by the respondent No.2 (Annexure No.2 to the writ petition) is quashed.
The writ petition is allowed.
Order Date :- 20.8.2018 Ashish Tripathi
2 issues framed by the court
Whether the suspension order of the petitioner should be quashed given the completion of the enquiry and award of minor penalty.
Whether an interim order retaining the petitioner in service should be affirmed.
Bhishm Puri
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
