Allahabad High Court
Ganesh Prasad (Lekhpal) Alias Ganesh ... vs The State Of U.P. Through Principal ... on 12 January, 2010
Author: C.K. Prasad
Bench: Chandramauli Kumar Prasad, Pankaj Mithal
Chief Justice's Court Case :- SPECIAL APPEAL No. - 21 of 2010 Petitioner :- Ganesh Prasad (Lekhpal) Alias Ganesh Ram Respondent :- The State Of U.P. Through Principal Secy. Reven. And Others Petitioner Counsel :- D.K. Singh Respondent Counsel :- C.S.C. Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Writ petitioner - appellant, aggrieved by an order dated 04.12.2010 passed by learned Single Judge in Civil Misc. Writ Petition No.66009 of 2009, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
Writ petitioner - appellant, at the relevant time was posted as Lekhpal in Gurwat area, tehsil Sadar, district Varanasi. The Chief Revenue Officer, Varanasi by his letter dated 9th of November, 2009 observed that writ petitioner - appellant had acted in irregular manner, in allotment of the houses to 11 persons in the year 1987 and 1993 and taking note of the aforesaid, the Sub Divisional Officer, by order dated 13th of November, 2009 placed him under suspension.
Writ petitioner - appellant, challenged the aforesaid order of suspension in the writ application, which has been dismissed by the impugned order.
Mr. D.K. Singh, learned counsel, appearing on behalf of the writ petitioner - appellant submits that the allegation made in the order of suspension being false, same ought to have been set aside by the learned Single Judge.
We are afraid that the writ petition or the present proceeding is not an appropriate proceeding to go into the truthfulness or otherwise of the allegation made in the order of suspension. It is a matter of enquiry and on the basis of the evidence led in the enquiry this question shall be gone into.
Mr. Singh, then submits that the petitioner has been put under suspension at the dictate of Chief Revenue Officer and this itself vitiates the order of suspension.
Reliance has been placed on a decision of this Court in Ilam Singh Versus District Magistrate, Muzaffarnagar and others, reported in [1999 (2) E.S.C. 1222 (All)].
We do not find any substance in the submission of Mr. Singh and the decision relied on has no bearing in the facts and circumstances of the case.
The Chief Revenue Officer, Varanasi had brought to the notice of the Sub Divisional Officer, Varanasi the gross illegalities committed by the writ petitioner - appellant in allotment of the houses. While putting the writ petitioner - appellant under suspension that has been taken note of. In that view of the matter, it cannot be said that the Sub Divisional Officer has passed the order at the dictate of the Chief Revenue Officer, Varanasi.
We do not find any merit in the appeal, and it is dismissed accordingly.
If there is inordinate delay in conclusion of the enquiry, petitioner shall have liberty to bring appropriate action for that purpose.
Order Date :- 12.1.2010 VMA (C.K. Prasad, C.J.) (Pankaj Mithal, J.)