Dharmvir Singh vs State Of U.P. And Another
2014 Latest Caselaw 7212 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 49661 of 2014
 

 
Petitioner :- Dharmvir Singh
 
Respondent :- State Of U.P. And Another

Counsel for Petitioner :- D.K. Singh,V.K. Singh

Counsel for Respondent :- C.S.C.

Hon'ble Rajan Roy,J.\

Instructions dated 20.9.2014 and the order dated 4.9.2014 placed by the learned standing counsel are taken on record. 

Heard.

The petitioner is a Tubewell Operator, who has been placed under suspension vide order dated 6.9.2014.

The counsel for the petitioner submits that the impugned order of suspension does not contain any reason to the effect that any disciplinary proceeding is pending or contemplated against him. He relies upon the pronouncement of Division Bench of this Court in the case of Smt. Meera Tiwari Vs. CMO; reported in 2001 (2) ESC (All)  Page 824 and stated that as per this decision, the suspension order of the petitioner cannot be sustained.

On the other hand, learned standing counsel submitted that on 4.9.2014 itself the Executive Engineer, Nalkup Khan, Chandasi, Sambhal took a decision initiating disciplinary proceeding against the petitioner. He has placed before the Court the said order which refers to the conduct of the petitioner as on 3.9.2014  when in a drunken state the petitioner had abused higher officers. The said order also states that  the petitioner  is in the habit of conducting himself in such a manner. An inquiry committee of two members with Assistant Engineer as the Chairman has been constituted for inquiring into the matter. From bare perusal of the said letter order appears to have passed for holding preliminary inquiry and it has been ordered to be completed within 15 days. It also does not refer to the issuance of any charge sheet.

In the circumstances of the case, as order of suspension does not contain any recital as mentioned above and also for the reason that the respondents themselves have ordered preliminary inquiry on 4.9.2014 which obviously has not been completed as yet and no such report has been placed before this Court, therefore, in the facts of the case and considering the Division Bench's decision of this Court as referred above, the impugned order of suspension is quashed with liberty to the respondents to pass a fresh order in terms of UP Government Servant (Discipline and Appeal) Rules, 1999 after receiving the report of the preliminary inquiry.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 26.9.2014

SKS