The writ petition challenging suspension was disposed of as the petitioner did not participate in the inquiry. The court observed that the inquiry must conclude with a hearing if the petitioner joins.
No relief granted as petitioner did not participate in the inquiry. Pending inquiry to be conducted with hearing if petitioner participates.
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Court No. - 36
Case :- WRIT - A No. - 930 of 2021
Petitioner :- Rahul Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gireesh Chandra Tiwari,Punit Khare Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Written instruction supplied by the learned Standing counsel is taken on record.
The present petition is directed against the suspension order dated 11.11.2020 passed by Superintendent of Police, District Fatehgarh on the ground that the petitioner has been placed under suspension on the alleged audio clip which has been made basis of lodging of the first information report.
The contention is that the verification of genuineness of audio clip has not been done during the course of preliminary inquiry.
Perusal of the written instructions supplied by the learned Standing counsel indicates that a formal inquiry had been initiated against the petitioner with the appointment of inquiry officer, however, the petitioner has not reported to the officer concerned from the date of suspension. The whereabouts of the petitioner is not known and as such the order of appointment of inquiry officer and chargesheet could not be served upon him.
In view of the said clear stand taken in the written instructions, for the fact that the petitioner is not participating in the departmental inquiry, no interference can be made.
In view of the above reasons, the writ petition is disposed of with the observation that in case the petitioner participates in the departmental inquiry initiated by respondent no.2, the same shall be brought to its logical end as early as possible after providing due opportunity of hearing to the petitioner.
Order Date :- 18.2.2021
Harshita
Rahul Kumar
State Of U.P.
Sunita Agarwal
As recorded by the court registry
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