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Ramakar Upadhyay v. The State Of U.P. Thru' Principal Secretary & Another - WRIT - A No. 11185 of 2007  RD-AH 3428 (28 February 2007)
WP No. 11185 of 2007
HON'BLE YATINDRA SINGH, J.
HON'BLE SANJAY MISRA, J
1. This is the writ petition against the suspension order dated 25.8.2005.
2. We have heard counsel for the petitioner and the standing counsel for the respondents. The suspension order indicates the reasons for suspension, and as such no interference is called for. In the circumstances of the case the writ petition is disposed of with following directions: -
(i) The charge-sheet (if not already given) may be given within one month of production of the certified copy of this order before disciplinary authority.
(ii) The inquiry proceedings (if not already completed) may be completed at an early date, if possible, within further period of four months. The petitioner will co-operate in the inquiry.
(iii) In case charge-sheet is not served or the inquiry is not completed within the stipulated time despite co-operation from the petitioner's side, then it will be open to the petitioner to file an application before the disciplinary authority for recalling the suspension order. In case such an application is filed then it will be decided within one month from the date of filing the application.
(iv) The petitioner will also be given subsistence allowance in accordance with law during the period of suspension.
3. The writ petition is disposed of with aforesaid observations.
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