In a consent allowed writ petition, the court quashed the suspension order against a class-IV government employee and directed respondents to release salary excluding the period of detention.
Quashing of suspension order directed release of arrears and future salary excluding detention period within three weeks.
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Court No. - 2
Case :- WRIT - A No. - 9437 of 2021
Petitioner :- Shiv Raj Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saurabh Singh,Sr. Advocate Sri Amit Saxena Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard Sri Amit Saxena, Senior Advocate appearing on behalf of the petitioner and learned counsel for the respondent-State.
Sri Alok Dwivedi, Advocate, has put in appearance on behalf of respondent no. 3 and submits that the third respondent has no objection with regard to the payment of salary to the petitioner except for the period of detention.
Petitioner is a Class-IV employee, working with the respondent-institution under the grant-in-aid. A First information report came to be lodged against the petitioner on 06.12.2018, petitioner came to be arrested on 06.01.2019, thereafter, he was released on bail on 21.01.2019.
By the instant writ petition, the petitioner seeks quashing of the order dated 17.01.2019, passed by the third respondent, principal of the institution, suspending the petitioner for being arrested.
Learned Standing Counsel, on instructions, submits that there is no legal impediment in the payment of arrears of salary and the subsequent salary on month to month basis to the petitioner as a third respondent has no objection.
In view thereof, on the statement of the learned counsels for the respondents, the writ petition, on consent, is allowed by passing the following orders:-
the date.
Order Date :- 6.9.2021 Rameez
2 issues framed by the court
Whether the order suspending the petitioner should be quashed.
Whether salary arrears and future salary should be paid to the petitioner.
2 provisions across 2 enactments
Shiv Raj Pal
State Of U.P.
Respondent no. 3 (Principal of the institution)
Unnamed Second Respondent
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
