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RAM DHARI RAM versus STATE OF U.P. AND OTHERS

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 [2007] RD-AH 7407 (23 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

D/-23.4.2007

SCS/19489


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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