Challenging a suspension order due to delay in disciplinary enquiry, the court found no ground for interference as the petitioner failed to appear and cooperate. The petition was disposed of with a direction to conclude the enquiry within three months.
Direction to conclude enquiry with expedition within three months from the date of order.
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. - 6
Case :- WRIT - A No. - 3511 of 2019
Petitioner :- Dr. Kafeel Ahmad Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar,Prasoon Tomar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri A.K. Goel who appears for the respondents.
This petition challenges an order of suspension dated 22 August 2017.
Sri A.K. Goel appearing for the respondents points out that the enquiry which was initiated in 2017 could not be concluded since the petitioner has failed to cooperate in the same and has not presented himself on the dates fixed.
Learned counsel for the petitioner undertakes not to take any unnecessary adjournments and to cooperate in the conclusion of the enquiry.
Bearing in mind the fact that the order of suspension dated 22 August 2017 is challenged, this Court finds no ground to interfere with the same at this stage especially since it is asserted on behalf of the respondents that it is the petitioner himself who is guilty of having delayed the conclusion of the enquiry proceedings.
In view thereof and in light of the statement of parties noted above, this petition shall stand disposed of with a direction to the Disciplinary Authority to endeavour to conclude the enquiry with expedition and preferably within a period of three months from the date of presentation of a certified copy of this order.
Order Date :- 7.3.2019 faraz
1 issue framed by the court
Whether the court should interfere with the order of suspension despite the petitioner failing to cooperate with the pending disciplinary enquiry.
Dr. Kafeel Ahmad Khan
State Of U.P.
2 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
