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Nabi Jan Qureshi v. State Of U.P. & Others - WRIT - A No. 49830 of 2005 [2005] RD-AH 1695 (19 July 2005)


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Civil Misc. W.P. No. 49830 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble Ashok Bhushan, J.

The petitioner has been suspended by the impugned order dated 30th June 2005 because of alleged irregularities with regard to the supply of drinking water, cleaning arrangements, sewer and drainage arrangements. The petitioner is the Executive Officer and according too the defence taken by the petitioner in this writ petition, he has been actively working towards the aforesaid arrangements and has been giving reports from time to time about the steps taken by him and further steps which are necessary. We are not inclined to grant an ex parte order by examining these questions of pure fact in this writ jurisdiction. Therefore, we grant the liberty to the petitioner to approach the respondent No. 2 by a detailed representation enclosing therewith copies of the relevant documents seeking revocation of his suspension. If such a representation is made along with the certified copy of this order, the respondent No. 2 will call for such reports or records as he may consider necessary for verifying the version of the petitioner and thereafter he will consider whether the suspension order of the petitioner should be continued or revoked. This decision will be taken by the respondent No. 2 within one month of the date on which the above documents are received by the respondent No. 2.

Further irrespective of the above decision, the respondent No. 2 will ensure that departmental enquiry in contemplation of which the petitioner has been suspended to be  concluded within four months of the date when the above documents are received by the respondent No. 2.

This writ petition is disposed of with the aforesaid directions.

Dated 19.7.2005



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