Ram Narayan Pandey v. State of U P and 2 Others
Case brief
What is this about?
The High Court stayed the petitioner's suspension order pending enquiry on misconduct charges, directing disciplinary authorities to complete the enquiry within four months and provide charge sheets, while the petitioner must cooperate and produce an authentication mechanism for the court order.
What did the court decide?
Suspension order dated 26.06.2020 stayed; enquiry to be concluded within four months; documents to be produced.
What the court decided
Court No. - 83 Case :- WRIT - A No. - 8156 of 2020 Petitioner :- Ram Narayan Pandey Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Amit Shukla, learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
The petitioner has already been served chargesheet. The enquiry is underway. The chargesheet discloses acts of misconduct.
Shri Amit Shukla, learned counsel for the petitioner contends that the petitioner has been suspended on the charge of absence from duty for three days. He has good cause to explain his absence. In any case absence of three days in itself shall not amount to a major misconduct which could lead to imposition of a major penalty. He contends that the documents in support of the charges mentioned in the chargesheet have not been provided to the petitioner. He has made an application in this regard.
Learned counsel for the petitioner further contends that the petitioner has also reported to the office of Block Development Officer, Kaundhiyara, Prayagraj, but has not been permitted to join his duty.
The petitioner has been suspended on following three charges:
- ददिनननांक 04.06.2020, 09.06.2020 एवनां ददिनननांक 11.06.2020 ससे लगनतनर दबिनन दकससी ससूचनन कसे कनरनर्यालर ससो लगनतनर अननुपससस्थित रहनन ।
Issues for consideration
2 issues framed by the court
Whether the suspension order imposing major penalty warrants sub-judice interference regarding fairness of enquiry.
Whether the petitioner should be granted stay on suspension and directions to conclude the enquiry within a stipulated time.
Parties & counsel
- petitioner
Ram Narayan Pandey
- respondent
State Of U P
- respondent
2 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- WRIA/8156/2020
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