High Court of Judicature at Allahabad
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Y.P Gupta v. State Of Up Thru' Principal Secy. Irrigation And Others - WRIT - A No. 63723 of 2005  RD-AH 3738 (29 September 2005)
Hon'ble Amitava Lala, J.
Hon'ble Prakash Krishna, J.
It appears to this Court that an order of suspension has been issued upon the petitioner on 31st August, 2005 in connection with the charges of the year 2003. The petitioner wanted to say that by orders dated 15th September, 2001 and 18th September, 2001 the concerned Chief Engineer and the Superintending Engineer approved the work, as such the petitioner can not be held responsible. Moreover when supply of cement bags as per charges is partially being made, the charges are not sustainable at all. Therefore, under such circumstances, the order of suspension should not continue.
We are of the view that the order of suspension can not be held to be an order of punishment. But at this stage we are not proposing any order to be passed creating problem for the authority concerned to come to a definite finding, therefore, we are disposing the writ petition with a direction that the enquiry proceedings, if any, will be completed within a period of two months from the date of filing of reply by the petitioner and after giving proper opportunity of hearing to the petitioner. On the other hand, the petitioner will also cooperate with the enquiry proceedings. Thus, the writ petition stands disposed of.
However, no order is passed as to costs.
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