Allahabad High Court
Bikhari Singh Parihar vs State Of U.P.Thru.Addl.Chief ... on 14 June, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- SERVICE SINGLE No. - 7215 of 2021
Petitioner :- Bikhari Singh Parihar
Respondent :- State Of U.P.Thru.Addl.Chief Secy.Medical Health &Family&Ors
Counsel for Petitioner :- Sm Singh Royekwar,Sumeet Tahilramani
Counsel for Respondent :- C.S.C.,Ran Vijay Singh
Hon'ble Alok Mathur,J.
1. Heard Sri S.M. Singh Royekwar, learned counsel for the petitioner as well as learned Additional C.S.C. for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. By means of present writ petition the petitioner has prayed for a writ of certiorari quashing the impugned suspension order dated 24.02.2021, passed by respondent no. 4, whereby the petitioner has been placed under suspension in exercise of powers under sub Clause 3a of Rule 4 of Discipline and Appeal Rules, 1999.
3. Learned counsel for the petitioner has submitted that a first information report was lodged against the petitioner on 29.09.2020, in pursuance to which he was taken into custody on 07.11.2020 and subsequently was released on bail on 08.11.2020. The petitioner informed the superior authorities of the above facts, pursuant to which he has been placed under suspension by means of impugned order dated 24.02.2021. Counsel for the petitioner has placed reliance on the Full Bench judgment of this Court in the case of Chandra Shekhar Saxena Vs. Director of Education (Basic) and Others, (1997) 30 ALR 445, wherein in para 26 sub para 'C', this Court has held that "the deemed suspension provided under sub-rule (2) of Rule 49-A shall be confined to the period of detention in custody and not beyond that".
4. Learned Additional CSC submits that in the same judgment, in sub-para 'D' it has been provided that "the deemed suspension by an order of the appointing authority under the legal fiction provided in sub-rule 2 may be continued after release by the appointing authority by passing an express order taking into account the guidelines provided in other sub-rule of Rule 49-A according to the facts and circumstances of the case."
5. Learned counsel for the petitioner submits that despite the fact that the petitioner had duly intimated to the concerned authority about the criminal proceedings pending against him and also the fact that he being released on bail, but in the impugned order dated 24.02.2021, the aspect of release on bail has been deliberately omitted and therefore the benefit of the judgment of Chandra Shekhar Saxena (supra) was not extended to him.
6. Learned Additional CSC on the other hand has submitted that according to the Discipline and Appeal Rules, 1999 the order of suspension can be modified or revoked and therefore, the petitioner can bring these facts to the knowledge of the appointing authority who is competent to pass suitable orders considering the entire conspectus of the case.
7. Learned counsel for the petitioner has fairly agreed to the suggestions made and has submitted that the petitioner be permitted to move an appropriate representation before the appointing authority and the same may be directed to be considered and decided expeditiously.
8. In the light of submissions made above and with the consent of learned counsel for the parties, without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to move appropriate representation/application before the appointing/competent authority within ten day's from today for modification/revocation of the impugned order. In case any such representation/application is made by the petitioner within the aforesaid period, the same shall be duly considered and decided expeditiously, say within three week's thereafter, by means of reasoned and speaking order, in accordance with law. The decision so taken shall be communicated to the petitioner.
9. With above directions the writ petition stands disposed of.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
Order Date :- 14.6.2021/A. Verma
(Alok Mathur, J.)
