Ajeet Kumar vs State Of U.P. And 7 Others
2021 Latest Caselaw 2728 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 29 of 2021
 

 
Appellant :- Ajeet Kumar
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Appellant :- Ranjit Saxena
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Appeal.

Pursuant to direction of the court, counter affidavit so as the additional affidavit have been submitted by the respondents. It is to show involvement of many officials in making payment to firm with whom no agreement was entered. An FIR has also been lodged.

Learned counsel for the appellant submitted that an objection to the payment was raised by sending a letter in writing. The issue aforesaid has not been considered by the respondents.

We find that allegations cannot be examined by this court as it needs a finding on facts. When the objection in writing was made by the petitioner-appellant is a matter to be examined by the respondents.

Thus, we do not find any reason to cause interference in the order of suspension by recording a finding of fact on the charges which have been levied in the FIR and charge-sheet is yet to be served.

Thus, without causing interference in the impugned judgment and the order of suspension, the appeal is disposed of with the direction to the respondents that if they intend to proceed in the matter, then to serve the charge-sheet on the appellant at the earliest and in any case within the period of one month from the date of receipt of copy of this order. They would thereupon consider the explanation/reply to the charge-sheet, if submitted by the petitioner-appellant, and if feel satisfied then they would be expected to drop the charge against the petitioner-appellant while they may proceed against others involved in the matter.

If the respondents do not feel satisfaction on the reply/explanation to the charge-sheet, if submitted by the petitioner-appellant then would expedite the disciplinary proceedings and otherwise to keep any officer under suspension for long remains at the cost of public exchequer.

This Appeal is disposed with the aforesaid.

Order Date :- 19.2.2021

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