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Ram Lakhan Dohrey v. State Of U.P. And Others - WRIT - A No. 44199 of 2006  RD-AH 13668 (18 August 2006)
Hon'ble R.K. Agrawal, J.
Hon'ble Vikram Nath, J.
We have heard Shri K.P. Shukla, learned counsel for the petitioner and Shri K.N. Mishra appearing for respondent no. 2 and have perused the averments made in the writ petition and also its Annexures.
From the perusal of the order of suspension dated 19th July, 2006 filed as Annexure 1 to the writ petition, we find that the petitioner has been placed under suspension on various charges of alleged irregularities committed by him in the course of advancing loans and taking securities. The submission of the petitioner is that the loans have been advanced after taking proper security. This question is yet to be gone into and adjudicated by the inquiry officer. This Court cannot substitute itself in the place of inquiry officer or the disciplinary authority for going into the issue, which has been come for the first time to this Court in the writ petition.
We, therefore, decline to exercise our jurisdiction under Article 226 of the Constitution of India and relegate the petitioner to face the inquiry, which shall be completed within three months. It will be open to the petitioner to place all the materials and evidence in support of his plea before the inquiry officer and it goes without saying that the inquiry officer shall consider the case on merits and averments placed by the petitioner and submit his report within the time specified above.
The writ petition is dismissed with the aforesaid observations.
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