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BIMAL KUMAR GUPTA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Bimal Kumar Gupta v. State Of U.P. And Others - WRIT - A No. 72362 of 2005 [2005] RD-AH 6388 (25 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Rakesh Tiwari, J

By the impugned order dated 23.9.2005, the petitioner has been placed under suspension on the basis of a statement of one Sri Shanker Singh, who accepted to have received illegal gratification along with the petitioner.  The petitioner has challenged the aforesaid order of suspension by means of the instant writ petition.

Counsel for the petitioner submits that the impugned order of suspension suffers from the vice of jurisdictional error as it has not been passed by the appointing authority but has been passed by an authority who is lower in rank. This point can be raised before the enquiry officer by the petitioner.

The writ petition is disposed of with the direction to the respondents to conclude the disciplinary proceedings against the petitioner within three months from the date of production of a certified copy of this order No order as to costs.

Dated 25.11.05

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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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