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Anand v. State - WRIT - C No. 61455 of 2005  RD-AH 2942 (16 September 2005)
HON. ARUN TANDON, J.
Heard Sri M.D. Singh 'Shekhar', Advocate on behalf of petitioner and learned Standing Counsel on behalf of respondents.
Learned counsel for the parties agree that the present writ petition may be disposed of finally at the admission stage itself without calling for counter affidavit.
The petitioner, who is employed as Deputy Ranger in the Forest Department of the State of Uttar Pradesh, is aggrieved by an order of suspension dated 6.9.2005 issued by the Divisional Forest Officer (D.F.O.), Ballia (respondent no.2) dated 1st September, 2005. The said order of suspension has been challenged by the petitioner basically on the ground that the same neither contains any recital to the effect that any disciplinary proceedings is contemplated or any enquiry is being proceeded with against the petitioner and therefore, the order is not in conformity with the requirement of Rule 4(1) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999. In that regard the petitioner has placed upon the Division Bench of this Court reported in 2001(II) E.S.C. (All.) 824; Smt. Meera Tiwari v. The Chief Medical Officer and Ors.
Learned Standing Counsel on behalf of the respondents has fairly conceded that the impugned order of suspension does not contain any recital as is contemplated by rule 4(1) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 it neither to refer any enquiry being contemplated or being proceeded with against the petitioner. He fairly submits that it would be in the interest of justice that liberty be granted to the authority concerned to pass a fresh orders in accordance with law, if the facts so required.
For appreciating the contention so raised on behalf of the petitioner it is worthwhile to refer to Rule-4 (1) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999. Rule 4(1) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 reads as follows:
4. Suspension.-----(1) A Government Servant against whose conduct an enquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry in the discretion of the Appointing Authority.
Provided that suspension should not be resorted to unless the allegations against the Government Servant are so serious that in the event of their being established may ordinarily warrant major penalty:"
On a bare reading of the aforesaid rule, the order of suspension dated 6.9.2005 passed by the Divisional Forest Officer (D.F.O.), Ballia (respondent no.2) cannot be legally sustained as the same is not in conformity with the requirement of Rule 4(1). The said order of suspension is hereby quashed.
The present writ petition is accordingly allowed.
However, it is made clear that this order shall not prevent the authority concerned to pass a fresh order in accordance with law, if facts is so require.
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