Partly allowed

Dhruv Chandra Tripathi v. State of U.P. Thru. Its Prin. Secy. Mahila Kalyan Lko. and 4 Others

Allahabad HC10 Jan 2024/153/2024

Case brief

AI extract

What is this about?

Petitioner challenged a suspension order passed without hearing, citing computer error. Court dismissed the writ, holding hearing not legally required pre-suspension, but directed conclusion of enquiry within six months.

What did the court decide?

Petition dismissed; disciplinary authority directed to conclude enquiry within six months.

Dhruv Chandra Tripathi Vs State of U.P. Thru. Its… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2515

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Court No. - 18

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Case :- WRIT - A No. - 153 of 2024

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Petitioner :- Dhruv Chandra Tripathi Respondent :- State Of U.P. Thru. Its Prin. Secy. Mahila Kalyan Lko. And 4 Others Counsel for Petitioner :- Ram Prasad Dwivedi,Garima Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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The present writ petition has been preferred for quashing of the impugned suspension order dated 27.12.2023.

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Learned counsel for the petitioner has submitted that petitioner was working as OfÏciating Probation OfÏcer.

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It is further submitted that he was in the tender Committee when the tender was granted in connection of which the petitioner has been placed under suspension.

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Learned counsel for the petitioner has submitted that the impugned suspension order has been passed without providing any opportunity of hearing to the petitioner. It is further submitted that it was a computer generated technical mistake due to which the irregularity as mentioned in the impugned suspension order has occurred.

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On the other hand, learned Standing Counsel has submitted that prior to passing of the impugned suspension order, there is no provision of providing any opportunity of hearing to the petitioner.

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After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that the submission of learned counsel for the petitioner is not legally tenable in the eyes of law that prior to the passing of suspension order, an opportunity should be given to the delinquent employee. As it relates to other point whether it was a technical fault of the computer or of the petitioner is a disputed fact which is to be seen in the enquiry.

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In view of the discussions made hereinabove, the present writ petition is devoid of merits and is accordingly dismissed.

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At this stage, learned counsel for the petitioner has submitted that a direction may be issued to the disciplinary authority to conclude the enquiry and take a final decision within a stipulated time frame as this Hon'ble Court may deem fit and proper.

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The disciplinary authority is directed to conclude the enquiry within a period of six months from the date, a certified copy of this order is served.

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Order Date :- 10.1.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Dhruv Chandra Tripathi v. State of U.P. Thru. Its Prin. Secy. Mahila Kalyan Lko. and 4 Others

Case brief

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What did the court decide?

Dhruv Chandra Tripathi v. State of U.P. Thru. Its Prin. Secy. Mahila Kalyan Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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