MUJEEB KHAN versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mujeeb Khan v. State Of U.P. And Others - WRIT - A No. 3696 of 2006 [2006] RD-AH 1430 (19 January 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

Petitioner who is working as Constable in U.P. Police Service is aggrieved by an order of suspension dated 21.12.2005 which has been passed on contemplation of enquiry on the charge as has been noticed in the order of suspension itself. The correctness of the charge is being disputed by the petitioner with reference to the General Diary(G.D.) of the relevant date.

In the opinion of the Court the correctness or otherwise of the charges as levelled against the petitioner will be a subject matter of consideration in the departmental enquiry and at that stage petitioner will have ample opportunity to prove his innocence.  No interference is called for at this stage.  Writ petition is dismissed.

However in the facts and circumstances of the case it is provided that the departmental enquiry may be initiated and completed against the petitioner preferably within three months from the date a certified copy of this order is filed before the authority concerned.

This Court has no room to doubt that the petitioner will be paid his subsistence allowance for the period of suspension.

Dated: 19.1.2006

V.R./3696/06

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