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JAWAHAR LAL YADAV versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Jawahar Lal Yadav v. State Of U.P. And Others - WRIT - A No. 20137 of 2007 [2007] RD-AH 7766 (26 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.38

Civil Misc. Writ Petition   No.20137 of  2007

Jawahar Lal Yadav     .....................    Petitioner

Versus

State of U.P & Others ................          Respondents

....................................

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition , the petitioner has prayed for quashing the suspension order dated 13.4.2007.  

The learned counsel for the petitioner  contends that  suspension of the petitioner has been ordered on a very light charge and subsequently the said order has been passed only on report of District Election Officer, Gorakhpur without application of mind by authority  passing the order.

I have considered the submission and perused the record. The submission of the petitioner that suspension is on a light charge does not merit acceptance.  The allegation against the petitioner in the order is that he misbehaved with the City Magistrate/Prabhari Adhikari Vahan in the Assembly Election 2007.  From perusal of the order it  does appear that said misconduct was communicated by the District Magistrate to the authority who has passed the order.   The learned counsel for the petitioner contended that it is not  mentioned that what kind of misbehaviour petitioner did.  The details pertaining to misconduct are required to be mentioned in the charge sheet and not in suspension order.   Suspension of the petitioner has been directed on the ground that enquiry is contemplated  against the petitioner.   The further submission of the counsel for the petitioner is that  without application of mind  suspension has been ordered.   The order refers to the orders  of District Magistrate dated 13.4.2007 as well as the charges against the petitioner.   The authority passing the order having referred  these facts clearly  indicate consideration of relevant facts for exercising the jurisdiction.  It cannot be said that order has been passed without application of   mind.  The counsel for the petitioner has placed reliance on the judgement of this Court reported in 1999 (82) FLR 470 Ilam Singh  versus District Magistrate and others. In the said case suspension was  ordered on some allegation made  by another employee of misbehaviour.  The said case is clearly distinguishable  since  here the allegations against the petitioner have been made by the District Magistrate who is the District Election Officer of the Assembly Election 2007.    This cannot be said that it was mere allegation by another co employee.  The said case does not help the petitioner in any manner.  However, in view of the facts of the present case, ends of justice be served in directing the Disciplinary authority  to conclude the enquiry against the petitioner expeditiously preferably within a period of six months subject of cooperation by the petitioner.  The petitioner being suspended, petitioner is entitled as indicated in the order itself the suspension allowance in accordance with law during the period of suspension.

Subject to above, the writ petition  is dismissed.

Date 26.4.2007

IB


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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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