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Rajesh Kumar v. State Of U.P. And Others - WRIT - A No. - 52998 of 2007 [2007] RD-AH 17152 (30 October 2007)

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Hon'ble Anjani Kumar, J.

Heard learned counsel for the petitioner.

The petitioner has approached this Court by means of this writ petition under Article 226 of the Constitution of India being aggrieved by an order dated 26th July 2007 (Annexure-1 to the writ petition) whereby the petitioner has been suspended pending enquiry. Learned counsel for the petitioner has stated that till date neither enquiry officer has been appointed nor the charge sheet has been served. However, it is expected from the authorities to proceed with the matter expeditiously.

Learned counsel for the petitioner failed to demonstrate that the order of suspension in any way suffers from illegality or infirmity which may warrant interference by this Court under Article 226 of the Constitution of India.

Considering the facts and circumstances of the case the authorities are directed to expedite the disciplinary enquiry against the petitioner.

In para 21 of the writ petition the petitioner has alleged that he has not been paid even the subsistence allowance. In case the subsistence allowance is not paid to the petitioner, it is directed that the petitioner is entitled to subsistence allowance and the respondents are directed to pay the same to the petitioner.

With the above directions the writ petition is dismissed.

Dt: 30.10.2007.

mhu - 52998/07


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