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  RD-AH 6388 (25 November 2005)
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.
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