High Court of Judicature at Allahabad
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Ram Dhari Ram v. State Of U.P. And Others - WRIT - A No. 19489 of 2007  RD-AH 7407 (23 April 2007)
Hon'ble Ashok Bhushan, J.
Learned standing counsel prays for and is allowed four weeks' time to file counter affidavit.
Learned counsel for the petitioner challenging the order of suspension dated 21/22.2.2007 submits that the suspension order has been passed only on the ground that the recovery done by the petitioner for one month i.e. February, 2006 is only Rs.1044/-. The submission of the petitioner is that the recovery of the petitioner is highest in the area concerned. He submitted that for the period from November, 2006 to February, 2007 the recovery was of Rs.4,46,152/- and the less recovery in a particular month cannot be said to be any misconduct. According to rule 4 (1) proviso the suspension should not be resorted to unless the allegation against the Government servant are so serious that in the event of their being established may ordinarily warrant major penalty. The suspension order is also faulty on the basis of above proviso to rule 4 (1) of the U.P. Government Servant (Discipline & Appeal) Rules, 1999.
In view of above, the suspension order dated 22.2.2007 shall remain stayed. However, the enquiry may proceed in accordance with law.
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