AKHILESH CHANDRA SRIVASTAVA versus STATE OF U.P.& ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Akhilesh Chandra Srivastava v. State Of U.P.& Another - WRIT - A No. 51619 of 2005 [2005] RD-AH 1733 (25 July 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No. 51619 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble G.P. Srivastva, J.

Learned counsel for the petitioner has argued that charges against the petitioner in the suspension order are not serious. At the fag end of the service, the petitioner was expected to know that if a government accommodation was allotted to him, he was not entitled to House Rent Allowance. Despite this, from January to April 2005, he has charged House Rent Allowance, although, he was in occupation of a government accommodation. Financial irregularity is always a serious charge. Therefore, because major punishment can be imposed on this charge, the suspension order cannot be said to be unjustified.

However, considering the argument from the petitioner's side that the retirement of the petitioner is approaching, we dispose of this writ petition finally with the direction that the departmental enquiry in contemplation of which the petitioner has been suspended will be completed, subject to cooperation by the petitioner, within three months of the date on which certified copy of this order is presented before the Disciplinary Authority by the petitioner.

Dated : July 25, 2005

AM/-

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