Mukut Vihari vs State Of U.P. And 3 Others
2023 Latest Caselaw 18795 ALL

Citation : 2023 Latest Caselaw 18795 ALL
Judgement Date : 24 July, 2023

Allahabad High Court

Mukut Vihari vs State Of U.P. And 3 Others on 24 July, 2023

Bench: Salil Kumar Rai





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:146621
 
Court No. - 32
 
Case :- WRIT - A No. - 11291 of 2023
 
Petitioner :- Mukut Vihari
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Prakash Kumar Shrivastava,Kishan Gautam
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner.

The present writ petition has been filed challenging the order dated 04.07.2023 passed by the District Magistrate, District Hathras putting the petitioner under suspension.

The petitioner is employed as Revenue Clerk with the State Government and a video showing him demanding illegal gratification is the cause for instituting the departmental inquiry putting the petitioner under suspension.

It was argued by the counsel for the petitioner that the order is without jurisdiction as an employee can be put under suspension only in contemplation of a departmental inquiry. In support of his contention, the counsel for the petitioner has relied on the judgment of this Court reported in Vinod Kumar Sharma vs. State of U.P. & Others (2018) Supp ADJ 2002.

The Facts in Vinod Kumar Sharma (supra) were totally different in as much as in the aforesaid case, from the recital in paragraph no. 6 of the judgment, it appears that a preliminary inquiry was not held and therefore, the suspension order had been quashed as without jurisdiction.

A perusal of the order dated 04.07.2023 also shows that the Sub-Divisional Magistrate, Sadabad, District Hathras has been appointed as the Inquiry Officer and has been asked to submit his report within 15 days from the date of the order. In view of the aforesaid, the order has been passed pending a departmental inquiry instituted against the petitioner.

There is no jurisdictional error in the order dated 04.07.2023 passed by the Sub-Divisional Magistrate, Sadabad, District Hathras.

The writ petition lacks merit and is, hereby, dismissed.

Order Date :- 24.7.2023

Vipasha