SHAMBHU PRASAD versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shambhu Prasad v. State Of U.P. And Others - WRIT - A No. 11382 of 2006 [2006] RD-AH 4898 (1 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Arun Tandon, J.

This writ petition is directed against an order of suspension dated 8.2.2006 passed by the Commissioner, Food & Civil Supply, Secretariat, U.P. Lucknow, whereunder the petitioner who is working as Marketing Inspector has been placed under suspension pending enquiry into the charges as noticed in the order.

Counsel for the petitioner with reference to the various facts mentioned in the First Information Report, made an attempt to demonstrate that the charges as levelled against the petitioner are factually incorrect.

In the opinion of the Court the issue as to whether the charges as levelled against the petitioner are factually correct or not will be subject matter of consideration in departmental proceedings and at that stage petitioner will have ample opportunity to prove his innocence.  

In the opinion of the Court the order of suspension does not call for any interference on the plea raised.  Writ petition is accordingly dismissed.

However it is provided that the departmental enquiry may be initiated and completed in accordance with law, within three months from the date a certified copy of this order is filed before the disciplinary authority.

Dated: 01.03.2006

V.R./11382/06

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