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Allahabad High Court · body

1986 DIGILAW 284 (ALL)

Shiv Charan Singh v. State of U. P

1986-03-12

D.N.JHA, D.S.BAJPAI

body1986
ORDER 1. We have heard learned counsel for the parties and perused the averments. This writ petition was directed against the suspension order passed on 21st May 1982. The petition was presented on October 22, 1982 and till that date no charge-sheet had been served on the petitioner. In spite of time having been granted no counter-affidavit has been filed. We are, therefore after perusal of facts, of the opinion that the impugned order, of suspension was passed by way of punishment and not in contemplation of any inquiry. If any inquiry has been started or is in contemplation the authorities can hold the same, but we see no justification for the suspension order passed against the petitioner, especially by reason of fact that no charge-sheet for such a long time has been served on the petitioner. The impugned order of suspension cannot be sustained and is quashed. If will, however, be open for the authorities to suspend the petitioner, when inquiry is in progress, if any case in made out for suspension.