Mahaveer Prasad vs State Of U.P. And 5 Ors
2014 Latest Caselaw 6860 ALL

Citation : 2014 Latest Caselaw 6860 ALL
Judgement Date : 23 September, 2014

Allahabad High Court

Mahaveer Prasad vs State Of U.P. And 5 Ors on 23 September, 2014

Bench: Rajan Roy




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 51365 of 2014
 

 
Petitioner :- Mahaveer Prasad
 
Respondent :- State Of U.P. And 5 Ors
 
Counsel for Petitioner :- Pankaj Kumar Srivastava,Sasmita Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard.

The petitioner who is a Lekhpal has challenged the order of his suspension dated 04.09.2014 passed by the Settlement Officer of Consolidation, Allahabad (Respondent no. 6)/ appointing authority.

Perusal of the impugned order does not disclose any allegations/charges against the petitioner. It only refers to disciplinary proceedings being contemplated against the petitioner. It is trite that the suspension order should contain at least a whisper of the allegations. It is also well settled that suspension can be resorted only when the charges would ultimately lead to a major punishment. The letter of Consolidation Commissioner dated 2.9.2014 which has been referred in the impugned order also does not disclose any allegation against the petitioner rather it refers to certain misconduct on the part of Sri Ramesh Chandra Srivastava, Peshkar to the Consolidation Officer concerned.

In these circumstances of the case, in my view, the suspension of the petitioner prima facie appears to unjustified. The same is accordingly stayed.

The respondents may file counter affidavit within four weeks.

List immediately thereafter.

Order Date :- 23.9.2014

SKS