TARA DEVI v. STATE OF U. P. through PRINCIPAL SECRETARY, MINISTRY OF VILLAGE DEVELOPMENT, GOVT. OF U. P. , LUCKNOW
2010-01-18
KASHI NATH PANDEY, S.P.MEHROTRA
body2010
DigiLaw.ai
JUDGMENT SATYA POOT MEHROTRA and KASHI NATH PANDEY, JJ.-The petitioner while working as Block Development Officer, Nautanava, District Kushi Nagar was placed under suspension by the order dated 22nd July, 2009 in contemplation of disciplinary proceedings against him on account of various charges. Copy of the suspension order dated 22nd July, 2009 has been filed as Annexure No.3 to the writ petition. 2. By the office memorandum dated 30th September, 2009 (Annexure-4 to the writ petition), the Joint Development Commissioner, Gorakhpur Division, Gorakhpur (respondent No.3) was appointed as Inquiry Officer. Alongwith the said Office Memorandum, charge-sheet dated 30th September, 2009 was also enclosed. Copy of the said charge-sheet has also been filed as part of Annexure No.4 to the writ petition. 3. Further, it appears that the said charge-sheet was served on the petitioner, whereupon the petitioner submitted his reply dated 31st December, 2009 (Annexure-5 to the writ petition). 4. The petitioner has filed the present writ petition, inter alia, praying for quashing the suspension order dated 22nd July, 2009. 5. We have heard Sri Manoj Kumar Singh, learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondents, and perused the record. 6. Having perused the charges against the petitioner, we are of the opinion that in case the charges against the petitioner are proved, the same may entail imposition of major penalty against the petitioner. In the circumstances, we are of the opinion that no interference is called for with the suspension order dated 22nd July, 2009. 7. The writ petition, therefore, lacks merits, and the same is liable to be dismissed. 8. We may, however, observe that the departmental proceedings against the petitioner will be completed by the respondent No. 3 in accordance with law expeditiously, preferably within a period of three months from the date of production of the certified copy of this order before the respondent No.3. The petitioner will co-operate in the disciplinary proceedings. 9. Subject to the above observations, the writ petition is dismissed. Petition Dismissed.