Om Pal Singh vs State Of U.P. And 2 Ors.
2017 Latest Caselaw 142 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 17819 of 2017
 

 
Petitioner :- Om Pal Singh
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Siddharth Khare,Ashok Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram Nath,J.

Hon'ble Daya Shankar Tripathi,J.

On 26.04.2017, we had passed the following orders:

"Sri Ashok Khare, learned Senior Advocate appearing for the petitioner submitted that the impugned suspension order has been issued by the Commissioner, Food Safety and Drug Administration who is not competent to suspend the petitioner as the Commissioner is not the appointing Authority rather it is the State Government which is the Appointing Authority. The other ground alleged is that the suspension order has been passed on the basis of newspaper reports and in absence of any specific complaint made by any party.

Learned Standing Counsel may obtain instructions on the aforesaid two points within five days.

Put up this case in the additional cause-list on 3rd May, 2017.

A copy of this order be provided to Sri D.K. Tripathi, learned Standing Counsel free of costs within 24 hours for necessary compliance."

Today, the instructions have been placed before us as received from the Office of the Commissioner, Food Safety and Drug Administration Department.

With regard to second issue relating to suspension being based simply on the newspaper report, the instructions do not mention any fact that a finding enquiry or preliminary enquiry was conducted on the newspaper report and suspension is simply based on the newspaper report.

In our opinion, suspension order based on the newspaper report requires consideration as to whether it is legal suspension or not.

Let counter affidavit be filed by the respondents within one month. Petitioner will have two weeks thereafter to file rejoinder affidavit.

List after expiry of the aforesaid period.

Till further order of this Court, suspension order dated 21.04.2017 passed by the respondent No.2 shall remain in abeyance. It would be however open for the respondents to proceed with the enquiry, in accordance to law. This interim order will not be understood so as to restrain the department from proceeding in the enquiry.

Order Date :- 5.5.2017

atul