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Raghuveer Singh v. The State Of U.P. And Others - WRIT - A No. 17156 of 2007 [2007] RD-AH 6002 (3 April 2007)


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Court No.39

Civil Misc. Writ Petition No.17156 of 2007

Raghuveer Singh


The State of U.P. and others

Hon'ble V.K. Shukla, J.

Petitioner was in-charge of construction of two additional class rooms at primary school of village Rajthal, District Buduaun. Inspection was carried out, wherein it was found that there were various irregularities in the constructions which were made and the construction was not as per prescribed standard. Said shortcomings were noted and petitioner was asked to get the entire construction made as per prescribed standard. For this purpose, petitioner has been placed under suspension on 21.01.2007. On 12.03.2007 directives had been issued for getting the construction work completed after demolishing the substandard construction. Petitioner was asked to complete the work within 15 days, failing which direction would be issued for recovery of the amount from his salary and for lodging F.I.R. At this stage present writ petition has been filed.

As far as order of suspension is concerned, there are prima facie grounds to initiate disciplinary proceedings against petitioner, and as such the impugned order of suspension is not at all liable to be interfered with. However, ends of justice would be more served in case disciplinary proceeding undertaken against petitioner is directed to be concluded at the earliest. Consequently, in these circumstances and in this background, Assistant Basic Education Officer, who has been appointed as Enquiry Officer is directed to complete the enquiry within two months from the date of receipt of a certified copy of this order, and thereafter, final decision is be taken by the District Basic Education Officer, in accordance with law. As far as order dated 12.03.2007 is concerned, as short comings have been noted  and petitioner has been asked to get the work completed failing which amount in question is to be recovered and F.I.R. is to be lodged, petitioner can explain his position before the authority concerned instead of rushing to this Court.

Subject to observations made above, writ petition is dismissed.





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