R.D. SHARMA versus STATE OF U.P. THRU' PRINCIPAL SECRETARY AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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R.D. Sharma v. State Of U.P. Thru' Principal Secretary And Others - WRIT - A No. - 59696 of 2007 [2007] RD-AH 18612 (4 December 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

Heard Sri H.R. Misra, learned Senior Counsel for the petitioner.

It is submitted that the impugned order of suspension dated 22.11.2007 does not show any serious allegations warranting suspension under Rule 4 of U.P. Government Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred to as '1999 Rules'). He further contended that the allegations, in fact, do not amount to misconduct at all and, therefore, the petitioner could not have been placed under suspension.

However, we are not convinced with the aforesaid submission. At this stage, Sri Misra submitted that in place of recording any finding on merits, the writ petition may be disposed of with the direction to the respondents to expedite the disciplinary proceeding. This request is not opposed by the learned standing counsel.

In view of the aforesaid statement, we dispose of this writ petition directing the respondents to expedite and complete departmental proceeding against the petitioner according to time schedule set up by the Government Orders No. 7/8/77-Ka-1, dated 30th July, 1977 and 13/13/93 Ka 1/1993 dated 10th February, 1993 and finalize the same within six months.

It is made clear that in case of non cooperation on the part of petitioner, it will be open to the respondents to proceed and conclude enquiry ex parte.

For conclusion of enquiry, if the matter requires consultation with the U.P. Public Service Commission, the time consumed by the respondents for the aforesaid purpose shall be excluded from the aforesaid period.

With the aforesaid directions, the writ petition is finally disposed of.

Dt. 4.12.2007

PS-59696/07

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