Dharmendra Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. Ayush Govt. Lko. and 3 Others

Allahabad HC29 Nov 2024WRIA/11378/2024

Case brief

AI extract

What is this about?

This writ petition challenged a suspension order issued to the petitioner for failing to comply with a prior attachment order that this Court had stayed. Pending the counter affidavit and rejoinder, the Court stayed the suspension order.

What did the court decide?

Stay of the order of suspension dated 25.10.2024 until the next date of listing.

Dharmendra Kumar Singh vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Court No. - 6

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Case :- WRIT - A No. - 11378 of 2024

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Petitioner :- Dharmendra Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Ayush Govt. Lko. And 3 Others Counsel for Petitioner :- Om Prakash Pandey Counsel for Respondent :- CSC

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Hon'ble Alok Mathur,J.

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Heard Sri Om Prakash Pandey, learned counsel for petitioner as well as learned Standing Counsel for respondents.

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By means of present writ petition the petitioner has challenged the order dated 25.10.2024 by which the petitioner who is working on the post of Senior Homeopathic Medical Officer, has been placed under suspension.

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It has been submitted by learned counsel for petitioner that when the petitioner was posted as Senior Homeopathic Medical Officer at State Homeopathic Dispensary, Gangauli in Ayodhya he was attached by means of order dated 26.09.2024 to the State District Homeopathic Hospital, Mainpuri. The petitioner being aggrieved by the said order of attachment has approached this Court by filing a writ petition being Writ A No. 10115 of 2024 by which after giving opportunity to the respondents, this Court by means of order dated 07.11.2024 had stayed the attachment order. It has been submitted that though the interim order was passed on 07.11.2024 but the copy of the writ petition was given to the respondents on 22.10.2024. It is submitted that on receipt of the said writ petition, the respondents have proceeded to pass the impugned order of suspension dated 25.10.2024.

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It has further been submitted that the main reason for suspending the petitioner is on account of the fact that she has not complied with the order of attachment dated 26.09.2024.

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Apart from the above, learned counsel for petitioner submits that ordinarily in the order of suspension only the nature of the charges are supposed to be incorporated but in the present case, the respondents have already stated in paragraph No. 3 & 6 that petitioner has been already found to be guilty of noncompliance of the attachment order.

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Learned Standing Counsel on the other hand has opposed the writ petition but could not dispute the facts and further prayed for time to file a counter affidavit.

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In the aforesaid facts of the present case, there is no dispute

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that this Court has already interfered with regard to the attachment order dated 26.09.2024 and the said order of attachment has been stayed and for the same reason that the petitioner has not complied with the same, she has been placed under suspension. Accordingly, prima facie case for interference is made out considering the fact that the ground on which the attachment order has been made has already been interfered by this Court in the previous writ petition filed by the petitioner.

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Let a counter affidavit be filed by the respondents within three weeks from today. Petitioner shall have two weeks thereafter to file rejoinder affidavit.

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Till the next date of listing, the order of suspension dated 25.10.2024 shall remain stayed.

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List and connect along with Writ A No. 10115 of 2024.

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Supplementary affidavit filed today is taken on record.

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Respondents shall also respond to the averments made in the supplementary affidavit.

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Order Date :- 29.11.2024 A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Dharmendra Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. Ayush Govt. Lko. and 3 Others

Case brief

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Dharmendra Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. Ayush Govt. Lko. and 3 Others

Case brief

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