Ram Surat Yadav Constable vs State Of U.P. And Others
2011 Latest Caselaw 1712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 26245 of 2011
 
Petitioner :- Ram Surat Yadav Constable
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Kaushal Kr. Pandey,Anand Ji Mishra
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Charges against the petitioner is that he has absented himself from duty w.e.f. 31.03.2010 after the election process was over.

Petitioner has tried to contend before this Court that he was presenting himself.

On the presentation of present writ petition, this Court has asked the learned Standing counsel to obtain necessary instructions in the matter.

Requisite instructions has been obtained and therein same grounds as has been mentioned in the suspension order has been reiterated.

Petitioner on the other hand contended that he has presented himself but no entry has been made in the general diary.

Such disputed question of fact cannot be adjudicated in writ jurisdiction. However ends of justice would be more serve in case disciplinary proceedings so undertaken against the petitioner is directed to be concluded at the earliest in case petitioner extends all possible cooperation in the ongoing disciplinary proceedings.

Consequently, respondents are directed to see and ensure that disciplinary proceedings so undertaken against the petitioner is concluded in accordance with law preferably within three months from the date of presentation of certified copy of the order passed by this Court subject to condition that petitioner shall extend all possible cooperation in the ongoing disciplinary proceedings.

With the above direction present writ petition is disposed of.

Order Date :- 16.5.2011

Dhruv