Jung Bahadur vs State Of U.P. And 3 Others
2016 Latest Caselaw 3526 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 28554 of 2016
 
Petitioner :- Jung Bahadur
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Pradeep Saxena
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is a Driver. He has been  relieved and attached to the office of the Chief Veterinary Officer, Bareilly in contemplation of disciplinary proceedings on the ground that there is a discrepancy in his date of birth recorded in the service record and the driving licence.

It is contended on behalf of the petitioner that he was initially appointed in the year 1982 and at this distance of time, the petitioner cannot be placed under suspension on the ground that there is a discrepancy in the record regarding his date of birth. It is also urged that in any view of the matter, there is no allegation of farbrication of document or fraud.

Matter needs consideration.

Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this case on 28.07.2016.

I am prima-facie satisfied that the impugned orders dated 30.01.2016 and 29.04.2016 are not justified in view of the fact that the petitioner is a Class IV employee and had been appointed in the year 1982.

Till the next date of listing the effect and operation of the impugned orders dated 30.01.2016 and 29.04.2016 passed by respondent no.2 shall remain stayed.

However, the petitioner is directed to appear before the respondent no.2 and submit his all the documents and explanation.

Order Date :- 14.6.2016

AU