Rakesh Singh vs State Of U.P. And Others
2011 Latest Caselaw 200 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 8226 of 2011
 

 
Petitioner :- Rakesh Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Saurabh Basu
 
Respondent Counsel :- C. S. C.
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondents. He prays for and is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter.

On 14.02.2011, as misconduct for which the petitioner has been placed under suspension  related to the year 1985, time was accorded to learned standing counsel to seek instructions or file counter affidavit as to what was the material which prompted the respondents for placing the petitioner under suspension.

On the matter being taken up today, neither instructions have been received nor counter affidavit has been filed. The order of suspension has been perused. Said suspension order proceeds on the premises that by concealing the factum of caste proceedings had been initiated for allotment. Petitioner's contention is that at the relevant point of time, he was discharging duties as Lekhpal and on the basis of report submitted by subordinate officials whatever exercise was required, same was undertaken. Petitioner submits that for the said fault criminal prosecution was launched, but therein his complicity was not found. Petitioner further submits that placing the petitioner under suspension for a misconduct of the year 1985, specially when for all these 25 years there has been nothing adverse against the petitioner, amounts to misuser and colourable exercise of power.

Prima facie the argument advanced appears to have substance and requires consideration by this Court. Consequently, till the next date of listing the impugned order of suspension dated 25.01.2011 shall be kept in abeyance. However, passing of this order will not prevent the respondents from undertaking disciplinary proceedings against the petitioner and bringing the same to its logical conclusion, and the petitioner shall extend all possible cooperation.

Order Date :- 10.3.2011

SRY