HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 66119 of 2011 Petitioner :- Prem Chandra Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- S.C. Tiwari Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of the respondents. He prays for and is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
Today pursuant to directives issued by this Court copy of the report dated 22.01.2011 of the Project Director, District Rural Development Agency, based on which impugned order of suspension had been passed, has been produced. Petitioner submits that no credibility ought to have been attached to the said report, inasmuch as, thereafter enquiry has again been conducted, wherein the competent authority has found that 17 incumbents whose names have been identified, are ineligible, and benefit has rightly been extended to them. Said report is dated 27.05.2011 Petitioner submits that not only this, again directives have been issued vide order dated 05.08.2011 to make enquiry by the Chief Development Officer, but till date no further enquiry has been undertaken and based on the earlier report, order impugned has been passed placing the petitioner under suspension. Petitioner submits that in such a situation the power of suspension has been colourably exercised, without there being proper application of mind.
Prima facie the argument advanced appears to have some substance and requires consideration by this Court, as such till the next date of listing operation of the impugned order of suspension dated 18.10.2011 is directed to be kept in abeyance. Passing of this order will not prevent the enquiry officer to conclude the enquiry and the petitioner is directed to extend full cooperation in the ongoing enquiry.
Order Date :- 7.12.2011 SRY