Rakesh Kumar vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 2693 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 27764 of 2013
 
Petitioner :- Rakesh Kumar
 
Respondent :- State Of U.P.& 3 Ors.
 
Petitioner Counsel :- Harindra Prasad
 
Respondent Counsel :- C.S.C.,A.P.Singh
 

 
Hon'ble V.K. Shukla,J.

Learned Standing counsel has accepted notice on behalf of respondent nos. 1 to 4.

Six weeks time is accorded to the respondents to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter.

This Court on 16.05.2013 had asked the learned Standing counsel to obtain requisite instructions in the matter and matter was directed to be listed today.

Today when the matter has been taken up, Sri S.K. Mishra, learned Standing counsel informs the Court that in spite of sending Fax Massages no response has been received.

On the matter being taken up today, learned counsel for the petitioner very fairly made statement before this Court that he is not at all interested in continuing at Primary Health Centre Uruwa, under the Chief Medical Officer, and he may be transferred at any other place.

Petitioner has tried to contend before this Court that inquiry which has been conducted therein also nothing serious has been reflected on the basis of which he could have been placed under suspension.

In view of undertaking given by the petitioner before this Court that he be transferred from Primary Health Centre Uruwa, under the Chief Medical Officer, to some other place, as such Chief Medical Officer, Gorakhpur is directed to forthwith pass order of transfer of the petitioner to some other place as per administrative exigency. It is made clear that moment petitioner is transferred from aforesaid place, order of suspension is directed to be kept in abeyance and further it is  directed that disciplinary proceeding undertaken against the petitioner be proceeded and be brought to its logical conclusion and petitioner should extend full cooperation in the inquiry.

Copy of this order be supplied to the learned Standing counsel counsel for ensuring compliance of the order passed by this Court.

Order Date :- 23.5.2013

Dhruv