Allahabad High Court
Jeevendra Singh Airy vs State Of U.P. Thru Addl.Chief ... on 16 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 10492 of 2019
Petitioner :- Jeevendra Singh Airy
Respondent :- State Of U.P. Thru Addl.Chief Secy.Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Meenakshi Singh Parihar,A.P. Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Parihar Singh, Advocate for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
By means of this writ petitioner, the petitioner has assailed the order dated 05.10.2018, passed by the Additional Chief Secretary, Basic Education, Government of U.P., Lucknow, placing the petitioner under suspension in contemplation of the disciplinary proceedings.
Sri H.G.S. Parihar, learned Senior Advocate has submitted that the impugned suspension order has been passed without application of mind and the allegations levelled against the petitioner in the suspension order are vague. Not only the above, Sri Parihar has also submitted that till date no charge-sheet has been served upon the petitioner, therefore, he placed reliance upon the judgment of this Court dated 12.04.2019 rendered in Writ Petition No.10276 (S/S) of 2019; Ram Ratan vs. State of U.P. & others.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has produced the copy of instructions dated 15.04.2019 preferred by one Sri Dev Pratap Singh, Special Secretary of the Department addressing to the learned Chief Standing Counsel, High Court, Lucknow. In the aforesaid instructions, the authority concerned has submitted that the petitioner would be issued the charge-sheet and since the suspension order is more than six months old, therefore, the petitioner would be reinstated in service and the decision to that affect would be taken with promptness. The photocopy of the instructions dated 15.04.2019 is taken on record.
This Court in the case of Ram Ratan (supra) has categorically held that if the charge-sheet is not issued beyond three months period with effect from the date of suspension, the suspension order would loose its efficacy and the present case is squarely covered with the aforesaid judgment of this Court, but since, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has requested 24 hours' time for placing on record an appropriate order in terms of the judgment and order dated 12.04.2019 rendered in re: Ram Ratan (supra) and also as per instructions letter dated 15.04.2019, therefore, list/ put up this case tomorrow i.e. 17.04.2019 at 2:15 p.m. to enable Sri Ran Vijay Singh, learned Additional Chief Standing Counsel to place on record an order, if so passed, by the competent authority in the case of the petitioner.
Order Date :- 16.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
