Ram Ratan vs State Of U.P.Thru.Addl.Chief ...
2019 Latest Caselaw 2834 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 10276 of 2019
 
Petitioner :- Ram Ratan
 
Respondent :- State Of U.P.Thru.Addl.Chief Secy.,Sectt. Admin. Deptt. &Ors
 
Counsel for Petitioner :- Suresh Chandra Yadava,Purshottam Chaurasia
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri S.C. Yadav, learned counsel for the petitioner.

Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.

By means of this writ petition, the petitioner has assailed the office order dated 04.12.2018, passed by the Additional Chief Secretary, Secretariat Administration Department, Government of U.P., Civil Secretariat, Lucknow placing the petitioner under suspension.

Learned counsel for the petitioner has submitted that the aforesaid suspension order shows that since the petitioner is prima-facie held guilty for the charges levelled against him, therefore, he is being place under suspension. The suspension order has not been issued on the basis of pending departmental enquiry or in contemplation of departmental enquiry, rather, it is a plain and simple suspension order.

This is a trite law that the suspension order can only be issued either pending departmental enquiry or in contemplation of departmental enquiry.

In the present suspension order, since the petitioner has been held guilty prima-facie and no enquiry has been contemplated to that effect, therefore, it appears that this suspension order is punitive in nature.

As per learned counsel for the petitioner, neither any enquiry has been initiated against the petitioner with effect from 04.12.2018 nor any charge-sheet has been given to him, whereas the Hon'ble Apex Court in catena of judgments has held that if the person is placed under suspension and the department/ authority is of the view that the allegation should be investigated/ inquired an appropriate Enquiry Officer should be appointed atonce and the charge-sheet should be issued with expedition but in the instant case no lawful exercise has been carried out by the Competent Authority, therefore, this suspension order does not appear to be a suspension order in the eyes of law.

Learned Additional Chief Standing Counsel prays for and is granted 24 hours time to seek complete instructions in the matter, as aforesaid.

List/ put up this petition tomorrow i.e. 12.04.2019 as fresh in the additional cause list.

Order Date :- 11.4.2019

Suresh/

[Rajesh Singh Chauhan,J.]