Prem Chandra vs State Of U.P. & 4 Others
2015 Latest Caselaw 2356 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 53189 of 2015
 

 
Petitioner :- Prem Chandra
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- Anjani Dubey,Deepak Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Petitioner before this Court seeks quashing of the order of suspension dated 4th September, 2015.

On behalf of the petitioner it is contended that the charges as noticed in the order of suspension are factually incorrect and for the purpose he made an attempt to take the Court through various evidence on record.

In our opinion the issue as to whether the charges as leveled against the petitioner are correct and would be brought home during departmental enquiry or not, need not be examined by this Court at this stage of the proceedings under Article 226 of the Constitution of India. During departmental enquiry petitioner will have every opportunity to lead evidence and to prove his innocence.

Writ petition is dismissed.

However, in the facts and circumstances of the case, it is provided that the departmental enquiry against the petitioner may be initiated and brought to its logical end strictly in accordance with law, preferably within three months from the a certified copy of this order is filed before the authority concerned.

Order Date :- 16.9.2015

Ashish Pd.