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VIRENDRA PRAKASH MITTAL versus STATE OF UP THRU' PRINCIPAL SECY. IRRIGATION AND OTHERS

High Court of Judicature at Allahabad

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Virendra Prakash Mittal v. State Of Up Thru' Principal Secy. Irrigation And Others - WRIT - A No. 6505 of 2005 [2005] RD-AH 1279 (6 May 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 6505 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble G.P. Srivastva, J.

The petitioner was suspended on 9th November 2004 i.e. six months ago in contemplation of a departmental enquiry. In this writ petition by order dated 14th February 2005, the suspension order had been stayed but it was specifically stated that the departmental enquiry is not being stayed.

If the respondents have not been able to complete the departmental enquiry during the past six months despite there being no stay order against the same, we are of the opinion that suspension of the petitioner would not be justified particularly having regard to the nature of charges mentioned in the suspension order. In the circumstances, we quash the impugned suspension order to the extent to which it directs suspension of the petitioner from service and further direct that the departmental enquiry in contemplation of which the petitioner was suspended will be completed within three months of the date on which a certified copy of this order is presented before the Disciplinary Authority.

The writ petition is disposed of as above.

Dated : May 6, 2005

AM/-


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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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