Disposed

Bijendra Kumar Pal v. State of U.P. Thru. Prin. Secy. Deptt. Urban Development Lko and 2 Others

Allahabad HC28 Aug 2024WRIA/5536/2024

Case brief

AI extract

What is this about?

Executive Engineer suspended pending departmental inquiry over alleged negligence in cleaning drains challenged the suspension order as violative of the Discipline and Appeal Rules, noting no charge sheet issued. Court found submissions prima facie require consideration, sought counter affidavit within four weeks, and stayed operation of the suspension order while allowing disciplinary proceedings

What did the court decide?

Interim stay of operation of suspension order dated 28 June 2024 until further orders; disciplinary proceedings to continue.

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

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Court No. - 18

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Case :- WRIT - A No. - 5536 of 2024

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Petitioner :- Bijendra Kumar Pal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Urban Development Lko And 2 Others Counsel for Petitioner :- Dinesh Kumar Singh (D.K.Singh) Counsel for Respondent :- C.S.C.,Namit Sharma

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 2 and Ms. Neha Tiwari Advocate holding brief on behalf of Mr. Akhilesh Kumar Srivastava learned counsel for opposite party No.3. whose power filed today is taken on record.

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Petition has been filed challenging order dated 28th June, 2024 whereby petitioner while on the post of Executive Engineer has been suspended from service pending departmental inquiry.

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It has been submitted that a bare perusal of impugned order will make it evident that only charge levelled against him is of negligence in cleaning of drains during the mansoon season. It is submitted that the impugned order is in violation of Rule 4 of the U.P. Government Servants (Discipline and Appeal) Rules 1999 inasmuch as no major penalty can ensue only on the charge of negligence and therefore there was no occasion for the opposite parties to have resorted to suspension of petitioner. It is submitted that till date charge sheet has not been issued to petitioner.

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Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks time to file counter affidavit.

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List on 28th August, 2024 showing name of Mr. Akhilesh Kumar Srivastava as learned counsel for opposite parties.

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Until further orders of this Court, operation of impugned order dated 28th June, 2024 shall remain stayed. However it is made clear that disciplinary proceedings against petitioner shall continue.

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Order Date :- 23.7.2024 prabhat

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

Bijendra Kumar Pal v. State of U.P. Thru. Prin. Secy. Deptt. Urban Development Lko and 2 Others

Case brief

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Bijendra Kumar Pal v. State of U.P. Thru. Prin. Secy. Deptt. Urban Development Lko and 2 Others

Case brief

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What did the court decide?

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