Disposed

Madanpal v. State of U.P. and 3 Others

Allahabad HC7 Jul 2020WRIA/5076/2020

Case brief

AI extract

What is this about?

The High Court declined to interfere with the suspension order placing the petitioner under suspension. The court observed that there was no evidence of lack of delegation by the appointing authority and directed the petitioner to pursue the statutory appeal remedy. The appellate authority was directed to dispose of the appeal within 90 days.

What did the court decide?

Petitioner directed to file appeal; Appellate authority to decide within 90 days.

Madanpal Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 38

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Case :- WRIT - A No. - 5076 of 2020

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Petitioner :- Madanpal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- C.S.C.

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Hon'ble Vivek Agarwal,J.

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Heard Sri Ajay Singh, learned counsel for the petitioner and Sri Govind Srivastava, learned Standing Counsel for the Staterespondents.

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This Civil Misc. Writ Petition has been filed by the petitionerMadanpal being aggrieved of the order dated 19.05.2020 passed by in-charge Van Adhikari, Baghpat Van Prabhag, Baghpat placing the petitioner under suspension on a ground that petitioner who was recruited as Deputy Ranger under the provisions of U.P. Subordinate Forest (Rangers, Deputy Rangers and Foresters) Service Rules, 1951 was posted as Deputy Ranger at Baraut Range when First Information Report was lodged on 15.05.2020 by Van Rakshak- Sri Sanjeev Kumar under the provisions of Section 26 of the Indian Forest Act, 1927 as amended in the year 2000 against accused Subhash Sharma. Petitioner tried to subvert the process against the accused. Thereafter, petitioner has been placed under suspension by the in-charge Van Adhikari.

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Challenge to the suspension order is on the solitary ground that his appointing authority is Conservator of Forest, Meerut Circle and therefore, under Rule 12 of the U.P. Subordinate Forest (Rangers, Deputy Rangers and Foresters) Service Rules, 1951, order passed by an authority who is not the appointing authority of the petitioner is without jurisdiction and is liable to be quashed.

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Rule 4 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 deals with suspension and proviso under sub-rule 1 of Rule 4 provides that in case of any Government Servant or class of Government Servants belonging to group 'C' and 'D' posts, the appointing authority may delegate its power under this rule to the next lower authority. Further there is a provision of appeal under Rule 11 of the Rules of 1999 to the next higher authority from an order passed by the disciplinary authority. Petitioner has not placed any material on record that the appointing authority has not delegated the powers to the Prabhagiya Van Adhikari in terms

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of the provisions contained in Rule 4 to place the petitioner under suspension. Therefore, in absence of any notification showing the lack of delegation or otherwise, and in view of the availability of an alternate statutory remedy of appeal as provided under Section 11 of the Rules of 1999, it will be appropriate to relegate the petitioner to avail such alternate remedy of filing of an appeal with a further direction that in case appeal is preferred by the petitioner, then the appellate authority shall consider and decide the appeal within a period of 90 days from the date of receipt of the memo of appeal.

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In above terms, this petition is disposed off.

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Order Date :- 7.7.2020 Vikram/-A

Madanpal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Madanpal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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