Citation : 2019 Latest Caselaw 2830 ALL
Judgement Date : 11 April, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 9830 of 2019 Petitioner :- Ankit Bhushan Singh (P.N.O. 1121110071) Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Home & Anr. Counsel for Petitioner :- Ravi Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
Learned counsel for the petitioner has filed supplementary affidavit, today in the Court in compliance of order dated 09.04.2019, the same is taken on record.
By means of this writ petition, the petitioner has assailed the suspension order dated 01.04.2019, passed by the Superintendent of Police, Barabanki on the allegation that the petitioner is running absent from his duties with effect from 01.01.2019.
Vide supplementary affidavit, the petitioner has categorically indicated in para-6 that the petitioner was discharging his duties on 01.01.2019 as well as upto 30.03.2019 continuously but the opposite party No.2 without considering the fact has passed the impugned order, which is per se illegal.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.5 of the writ petition, which is a salary slip of the petitioner, which indicates that the petitioner has been paid salary for the months of January, 2019 and February, 2019.
Per contra, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has submitted that the salary slip may not be the basis to approve the presence of the petitioner in the office with effect from 01.01.2019 to 30.03.2019.
Therefore, on being confronted as to what is the material available with the department substantiating the allegations so levelled in the suspension order that the petitioner is running absent with effect from 01.01.2019 unauthorizedly, the learned Additional Chief Standing Counsel has sought time to produce the material.
List / put up this petition on 22.04.2019 as fresh to enable the learned Additional Chief Standing Counsel to produce the relevant documents indicating that the petitioner is running absent from 01.01.2019.
Order Date :- 11.4.2019/Suresh/
[Rajesh Singh Chauhan,J.]
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