Pno No. 962320198 Devendra Kumar ... vs The State Of ...
2021 Latest Caselaw 662 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 
Case :- SPECIAL APPEAL No. - 349 of 2020
 
Appellant :- Pno No. 962320198 Devendra Kumar Srivastava
 
Respondent :- The State Of U.P.Throu.Prin.Secy.Home Deptt.Lko.And Ors.
 
Counsel for Appellant :- Sankalp Dewari,Abhishek Bose,Mohd. Shujauddin Waris,Ram Charitra Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Shri Anil Kumar Singh Bisen, Standing Counsel makes a statement on the basis of instructions received from Superintendent of Police, Bahraich that a show cause notice has been issued to the petitioner proposing a minor punishment under Rule 14 (2) of the Rules known as U.P. Police Officers of Sub-ordinate Ranks (Punishment and Appeal) Rules, 1991 and he has been reinstated, meaning thereby, no major punishment is to be imposed upon him.

Shri Bose says that nothing has been stated about the continuity of service during the period of suspension and the arrears of salary.

Considering the facts of the case, no purpose would be served by keeping the matter pending here, as now the opposite parties have decided to proceed against the petitioner for imposition of a minor punishment, therefore, obviously the suspension which can be resorted to only in the event of a major punishment has been brought to an end. Now, the concerned official needs to take a decision as to the arrears of salary for the period of suspension and for continuity in service for the said period by a separate order. This shall be done by the concerned officer within 1 month from the date of receipt of an e-copy of this order. As regards the show cause notice dated 12.11.2020, the petitioner shall submit his reply within 1 week from today. Thereafter, a decision shall be taken by the concerned official/disciplinary authority within the next 15 days.

In view of the aforesaid, the Writ Petition and judgment of the Writ Court dated 19.11.2020 has veritably lost its efficacy, therefore, the Writ Petition is disposed of in the aforesaid terms and the judgment of the Writ Court dated 19.11.2020 is modified accordingly as aforesaid.

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(Saurabh Lavania, J.) (Rajan Roy, J.)

Order Date :- 11.1.2021/Lokesh Kumar